Introduction: Texas guardianship laws A guardianship is a court-ordered arrangement in which one person (the “guardian”) is given legal authority to make decisions on behalf of another person (the “ward”). There are two types of guardianships in Texas: 1. Full guardianship – The guardian has authority to make all decisions regarding the ward’s care, including...KEEP READING

Introduction to Probate Law When a person dies, their assets must go through probate before they can be distributed to the beneficiaries. Probate is the legal process of distributing a person’s assets after they die. If the deceased person had a will, the probate court will follow the instructions in the will. If the deceased...KEEP READING

Introduction Probate is the legal process of validating a will and distributing a deceased person’s assets to their beneficiaries. In Texas, if someone dies with a valid will, their estate will generally go through probate. However, there are some exceptions. For example, if the estate is small or if all of the assets are held...KEEP READING

Introduction After you die, your will has to go through the probate process in order to be executed. Probate is the legal process of validating a will and distributing a person’s assets after they die. If you live in Texas, you may be wondering why your will has to go through probate. After all, it...KEEP READING

Introduction When you’re making your will, one of the most important decisions you’ll make is who will serve as your personal representative. Your personal representative is the person who will be responsible for carrying out your wishes after you die, so it’s important to choose someone you trust implicitly. There are a few things to...KEEP READING

Introduction When it comes to giving gifts, we usually think of happy occasions like birthdays and Christmas. But what about when someone is nearing the end of their life? In Texas, there is a provision for what’s known as a Causa Mortis gift. This allows a person to give away property or possessions that they...KEEP READING

Legal Terminology In Limine hearing: A procedure that allows parties to exclude evidence from a jury Uninterested persons: Anyone who has a property right or claim against the estate being administered Probate Law Case Sheffield v. Scott, 620 S.W.2d 691, 693 (Tex. App. — Houston [14th Dist.] 1981, writ ref’d n.r.e.) Facts and Procedural History...KEEP READING

Introduction In Texas, probate courts have the authority to grant relief on matters that are not explicitly stated in the pleadings. This means that if there is an issue that arises during the course of probate proceedings, the court can take action to address it. Texas law gives the court broad powers to do whatever...KEEP READING

The “order of no administration” is one of the alternatives to a full probate. It is used when the estate has some assets, but the award of a family allowance would exceed the value of the assets. Since the family allowance is paid before nearly all other claims to the estate assets, there is no...KEEP READING

In Texas, administration of community property can be a legitimate alternative to probate. The determination of whether property is community property or separate property can be a complex matter and is often a source of controversy during the administration of an estate. In some cases the community property laws can be used to probate the...KEEP READING