Estate Planning
Whether or not the Decedent’s home was a “homestead” is a critical consideration. In the case of a surviving spouse or surviving minor children, the impact on the estate can be significant. The surviving spouse and minor children have the right to occupy the homestead, regardless of whether the homestead was the Decedent’s separate property [...]
Category : Blog &Estate Planning &Probate Law
The probate court can “set aside” certain property in an estate so that it will be exempt from creditors. This is typically done immediately after an inventory, appraisement, and list of claims is filed. The surviving spouse and minor children of the Decedent have the right to use the Decedent’s exempt personal property during the [...]
Category : Blog &Estate Planning &Probate Law
The Decedent’s surviving spouse and minor children can request the Court grant them a “family allowance” that is sufficient to maintain them for a period of one year after the Decedent’s date of death. The family allowance is typically sought immediately after the inventory, appraisement, and list of claims has been approved. In a dependent [...]
Category : Estate Planning &Probate Law
A recent appellate decision attempted to clear the distinction between what is referred to as mandatory or precatory language in a Last Will and Testament. Mandatory language is directive in nature. It is a true stated intent. Precatory language is something less. It indicates a desire without issuing a command. But does the Court’s opinion [...]
Category : Estate Planning &Probate Law &Will Contests
Dying without a will creates additional hassle and expense for those who survive. Teenagers are best advised to prepare a will so that they begin to have a focus on having a financially successful life. Having a will helps teens think about their future as well as about what they own and how much such [...]
Category : Estate Planning &Probate Law &Will Contests
More and more children are managing their parents’ finances without a trust, power of attorney, or guardianship in place. Usually, one of the parents has added one of their children to their bank account to allow them to pay their bills. Although this arrangement is convenient, it is often only a temporary solution and is [...]
Category : Estate Planning &Guardianship Law &Probate Law
What happens when a Will is admitted to probate in one state but there is real estate and/or mineral interests within the State of Texas that need to be transferred to the beneficiaries named in the Will?
Category : Estate Planning &Probate Law &Will Contests
What does it mean to be of “sound mind”? The requirement of “sound mind” is not specified in the Texas Probate Code. Instead, Texas Courts have determined that the “sound mind” requirement with regard to whether a person has “testamentary capacity” is as follows: The Testator (the person making a will) has sufficient mental ability, [...]
Category : Estate Planning &Guardianship Law &Probate Law &Trust Litigation &Will Contests
Question: My parents will only do basic wills to each other and then to myself and other siblings when my second parent dies. I have heard that there is a much more advantageous way for me to receive my inheritance from my parents. Is there anything I can do to more wisely protect my inheritance?
Category : Estate Planning &Trust Litigation
A living will (or advance directive, as it is sometimes known) is not a part of your will—it is a separate document that lets your family members know what type of care you do or don’t want to receive should you become terminally ill or permanently unconscious. It becomes effective only when you cannot express [...]
Category : Estate Planning &Will Contests
