Category

Probate
A durable power of attorney is a standard estate planning document. It is a powerful legal document that grants an agent broad authority to act on behalf of the principal. Unfortunately, this type of document is often prone to fraud and abuse. The Gardner v. Majors, No. 10-21-00306-CV (Tex. Ct. App.–Waco 2023) case provides an...
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Dealing with the loss of a loved one is never easy, and it can be even more challenging when there is no clear plan for their assets. In Texas, when someone passes away without a will, their assets are subject to the state’s intestacy laws. This means that the court will distribute the assets according...
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Probate law can be complex and confusing, particularly when it comes to interpreting a testator’s intent. In Patrick v. Patrick, the Texas Court of Appeals considered the question of whether a testator’s beneficiaries should be responsible for paying estate taxes on non-probate assets. In this blog post, we’ll review the facts and procedural history of...
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Scoby v. Sweatt, 28 Tex. 713 (1866) is a significant case in Texas probate law. The case involved a dispute between James Scoby (Plaintiff) and the executors of Edward Sweatt’s (Decedent) estate. The dispute centered on Decedent’s will, which did not give his children equal shares of his estate, contrary to the law of forced...
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When it comes to estate planning in Texas, there are many different tools and strategies available. One option that is often overlooked, but can be incredibly useful, is the use of transfer-on-death (TOD) designations. These designations allow you to name beneficiaries for certain assets, which will then pass to them automatically upon your death, outside...
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In Texas, informal marriage and intestate succession are two areas of law that can unexpectedly collide. An informal marriage is relatively easy to enter into, and if a person enters into an informal marriage prior to their passing, this can create an additional heir, leading to potential conflicts in an heirship proceeding. To avoid such...
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Introduction: Will vs. Estate Planning Many people think that creating a last will and testament is all that is needed to protect their assets and ensure that their loved ones are taken care of after they pass away. However, a will is only a part of a comprehensive estate plan that can provide greater protection,...
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Background John is seeking to contest his father William’s will after William passed away in November 2022 in Corpus Christi, Texas. William had executed a new will in April 2022, at the age of 89, which John believes was a result of undue influence by his brother and sister-in-law. Additionally, John claims that William had...
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As our loved ones age, we want to ensure that they receive the best possible care and support. However, when a parent develops dementia, the legal and financial issues can be overwhelming. In Texas, the probate laws regulate the management of the assets and affairs of incapacitated persons, including those with dementia. In this article,...
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Probating a pour over will in Texas can be a complex process, particularly if there is property involved. In this case study, we will explore the probate process of a pour over will involving a piece of property owned by the decedent for 66 years. We will discuss the steps involved in transferring the property...
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