If you need to file an affidavit of heirship in Texas, there are a few things you’ll need to do first. First, find a notary public or licensed attorney who can notarize the affidavit. Then, gather all of the required documents, which include a death certificate, a copy of the will (if there is one),...KEEP READING

Courts make decisions based on the existing legal framework and precedents. These decisions create frameworks for future decisions made by the same court. A court first impression is a decision that is, at least in part, new or not bound by prior precedent, so it sets a new precedent. What is a Case of First...KEEP READING

Probating a will is the process of proving the validity of a will in court. It is generally required when someone dies with assets in their name that need to be transferred to beneficiaries. The probate process can be complicated, so it is important to have an experienced attorney by your side. If you are...KEEP READING

Appointing a guardian for your child is one of the most important decisions you can make as a parent. It’s a decision that is often made in the event that something happens to you or your spouse. There are many factors to consider when making this decision. You want to appoint someone who is responsible...KEEP READING

After the death of a loved one, the last thing you want to deal with is legal paperwork and court battles. But if you feel like you have been wrongfully left out of a will, or if you think the will is not valid, you may have no choice but to contest it. The process...KEEP READING

In Texas, if you want to contest a will or trust on the grounds of undue influence, you must be able to show that the person who created the document was unduly influenced by another person. This can be a difficult burden to meet, but it is not impossible. If you suspect that someone unduly...KEEP READING

In Texas, there are two ways to admit a will to probate: muniment of title and regular probate. Muniment of title is the simpler of the two procedures and is typically used when the deceased person’s estate is small or when there is no dispute over the will. Muniment of Title is the process of...KEEP READING

In Texas, as in other states, a testator – the person who made the will – must be of “sound mind” to make a valid will. This means that the testator must understand that he or she is making a will, knows the natural objects of his or her bounty, and understand the disposition he...KEEP READING

When you create a will, you have the opportunity to specify how your belongings will be distributed after you pass away. This is called a bequest. In Texas, there are three ways to make a bequest in your will: specific, demonstrative, or by residuary. Specific bequests are when you leave a specific item to someone...KEEP READING

Many people don’t know that you can cash a check made out to a deceased person in Texas prior to probate. The state has what’s called a “pay-on-death” provision, which allows for the cashing of checks made out to deceased persons. While this may seem like a simple process, there are actually a few things...KEEP READING