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...KEEP READING
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...KEEP READING
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...KEEP READING
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...KEEP READING
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...KEEP READING
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...KEEP READING
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...KEEP READING
A Texas Small Estate Affidavit is a legal document used to help heirs of an estate receive the property of someone who has passed away without having to go through the traditional probate process. It’s specifically designed for estates with a value of less than $75,000. If you’re dealing with a small estate in Texas,...KEEP READING
When it comes to selecting a Texas probate attorney, there are many things to consider. Probate is the legal process of administering an estate after someone passes away and involves complex and detailed work. You need an attorney who understands your needs, is knowledgeable about Texas law and has the experience necessary to handle your...KEEP READING
Adopting a child is a life-altering experience, and it’s no different in Texas. But the Lone Star State has some unique laws when it comes to adoption that you should be aware of if you’re planning on going through with the process. In this blog post, we’ll discuss one of those laws in particular: how...KEEP READING
