Probate is the legal process of overseeing the distribution of a person’s estate after they die. It can be complicated and time-consuming, but fortunately there are people who can help make it happen – namely, probate attorneys. In this article, we’ll explore what probate attorneys do, who can initiate a probate in Texas, and some...KEEP READING

Probate law is a legal system that governs the estate of a deceased person. A will settlement is a legal process by which an estate is settled, usually after the death of the person who made the will. The process of settling a will can be complicated and can involve negotiations between family members over...KEEP READING

While it is not a pleasant topic to think about, disinheritance – being cut out of a will – is a reality that many people face. If you have been disinherited, it is important to understand your legal rights and options. You might have questions such as What are the grounds for disinheritance in Texas?...KEEP READING

Probate is a court process that kicks in when someone dies. As this case shows, if you are a potential executor of a will and don’t file for probate within the allotted time, you might not get a second chance. Terminology Holographic Will: A holographic will is a will that is entirely handwritten and signed...KEEP READING

Duties and responsibilities to will beneficiaries under Texas estate law You may be honored to take on the responsibility of being the executor of your loved one’s will, or you may not want to deal with it. However, you do have a choice – despite how you feel, you are able to say no and...KEEP READING

When a family member passes away, it can be difficult to know what type of records they had in their possession. You usually need this information before you start planning a probate administration. If you don’t know where to begin, take a look at the list below for some guidance on what you should look...KEEP READING

To file the probate application, one must first decide which court has jurisdiction and which court should handle the probate court. Once the court is selected, the next step is to submit the probate application. The Probate Application under Texas Estate Law After identifying the probate court that can hear the case, the next step...KEEP READING

The small estate affidavit is one of the alternatives to a full probate administration in Texas. It can provide a streamlined and inexpensive method for probating an estate. When is the Small Estate Affidavit Used? As its name implies, it is used for smaller estates with few assets. It is typically used for estates consisting...KEEP READING

Negligence and Fiduciary Duty A fiduciary is a person who holds a legal or ethical relationship of trust with another party. If a person is a fiduciary, they have what is called a fiduciary duty to that party. A fiduciary duty can exist in several special relationships or circumstances and the type of duty that...KEEP READING

Testamentary capacity is the legal term that refers to someone’s mental ability to make a will. Testamentary capacity can be diminished or lost if a person has certain delusions, but a delusion in and of itself might not establish a lack of testamentary capacity. This case answers the question: When does a court find that...KEEP READING