Category

Probate
Death is a difficult thing. It can feel sudden and overwhelming, no matter the circumstances. During this time of grief, it’s understandable that you may not be thinking about the practical considerations involved in dealing with the death of a loved one. But these are important arrangements to make in order to take care of...
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Section 101 of the Internal Revenue Code generally provides that the proceeds from a life insurance policy are generally tax-free to the recipient if the recipient is the beneficiary of the policy and is receiving the proceeds as a result of the death of the insured. There are some exceptions to this general rule. For...
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In the Texas case of In re Estate of Capps, the court was faced with the question of whether the decedent’s will had been revoked. According to Texas law, a will can be revoked either by physically destroying it, by making a new will that revokes the old one, or by making a statement indicating...
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In the Texas case of In re Estate of Crenshaw, the court was faced with a hearing on the disqualification of an independent executor under section 78 of the Texas Probate Code [now the Texas Estates Code]. At issue in the case was whether an order appointing an independent executor was appealable to a higher...
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What exactly is probate? It’s a legal process that takes place when someone dies, and it involves the distribution of their assets. While this may sound like a simple enough process, there are actually several different types of probate in Texas that you should be aware of if you are dealing with an estate or...
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One of the key principles of wills and trusts law is that a will should be given effect as written, unless it is shown that the will was procured by fraud, duress, or undue influence. This principle, known as the “rule against perpetuities,” is based on the idea that a person’s wishes should be respected...
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Hiring a probate attorney in Texas is generally necessary when administering a probate estate. This is due to a combination of Texas law, which requires representation of the interests of beneficiaries and creditors, and the complexity of the state’s probate laws. In Texas, individuals have the right to represent themselves in legal proceedings, but this...
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Estate planning can be a contentious issue, especially when it comes to siblings. A recent article in the Houston Chronicle highlights the story of a man whose parents had a complex estate plan that led to a lengthy legal battle between him and his siblings. The man’s parents had owned a successful business and had...
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Obtaining a guardianship in San Antonio, Texas can be a complex legal process. It involves petitioning the court to appoint you as the legal guardian of another person, known as the “ward.” This can be necessary when the ward is unable to make decisions for themselves due to age, disability, or some other circumstance. The...
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When you’re the beneficiary of a Texas trust, there are certain things that you should know. From understanding the different types of trusts in Texas to knowing your rights as a beneficiary, these six things will help you navigate your way through the process. Whether you’re setting up a trust for someone else or establishing...
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