Probate is the process of administering a deceased person’s property and assets in accordance with their estate plan. At times, this can lead to disputes over the ownership and distribution of their assets. The court may be called upon to adjudicate these disputes and determine the rightful owner of property in an estate. In doing...KEEP READING

Texas law makes it clear that identifying probate property is a duty. It has to be done and the personal representative has to do it. But there are no set rules for how to identify property that the decedent owned or had an interest in. At a minimum, one must review the financial records that...KEEP READING

Can You Be Released from Liability in an Independent Administration? If you’ve been named as the independent administrator of a Texas probate estate, you may be wondering if you can be released from liability. The answer depends on a number of factors, including the size and complexity of the estate, and whether or not there...KEEP READING

The monetary jurisdictional limits that apply to regular civil cases don’t restrict probate jurisdiction in Texas, as demonstrated by the costly mistake in Hailey v. Siglar where an executor’s misunderstanding of this principle invalidated years of litigation. In this case, an executor filed a lawsuit in district court to recover $100,000 that the decedent’s daughter...KEEP READING

Introduction If you are the beneficiary of an inheritance but are currently incarcerated, you may be wondering if you can still receive your inheritance. The answer depends on the state in which you are incarcerated and the type of inheritance you are receiving. Read on to find out more about how to receive an inheritance...KEEP READING

Introduction If you are an executor or administrator of an estate in Texas, you may be wondering what to do about debt collectors. After all, the last thing you want is for the estate to be hounded by creditors. Read on to find out more about how to deal with debt collectors in independent probate...KEEP READING

There are four types of disclaimers. The first type is for when an individual who received a gift or bequest disclaims all rights to the gift, thereby giving up their interest in the property and allowing the property to pass as if he or she never received it. The second type is for when an...KEEP READING

If you’re considering making an online will, you might be wondering if it’s actually legal. The short answer is yes, an online will is just as valid as a handwritten one – as long as it meets all the requirements of a regular will. Keep reading to learn more about what makes a will valid,...KEEP READING

A lot of planning goes into preparing a Last Will and Testament.  The testator agonizes over who is going to take what asset and when.  The testator thinks through who should serve as the executor and what powers they should have.  Then the estate planning attorney carefully crafts the legal document.  And great care is…Continue...KEEP READING

It is common for a parent to create a joint bank account with the intent that someone accesses the account to pay for their funeral or last expenses. Who owns this account once the parent dies? What about other bank accounts that are held jointly? Does the joint owner, surviving spouse or someone else inherit…Continue...KEEP READING