 |
  |
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 things might be worth.
Continue reading ‘Why should an 18-year-old prepare a will?’
In Texas, the testator (the person making a will) has the power to designate his or her executor to be an “independent executor”. Proper use of the term “independent” to describe the executor in the will means that the independent executor may, after the will has been admitted to probate and Letters Testamentary have been issued to the independent executor, take virtually all estate related action free of the need for any hearings or approval by a Probate Court. Unfortunately, some executors take advantage of this far reaching freedom to abuse their power(s) as an executor (an executor is also a fiduciary). The Texas Probate Code allows a court, after a hearing, to remove the person designated as the independent executor of the estate when any of the following grounds have been proved to the presiding judge:
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?
Forfeiture clauses, also known as in terrorem clauses, are most effective when the person whom the testator (the person making the will) is most concerned about challenging the will has something to lose by making the challenge. As an example, if the testator says “I’m leaving black sheep son $1.00 and includes a forfeiture clause in his will, the net effect is that the only amount black sheep son has to lose by making a challenge is the $1.00 that was left to him. If he successfully challenges the will, he may get whatever share he might have had if the will did not exist (the share due him as a blood relative under the Texas laws of intestacy.) However, if black sheep son loses his challenge, then he will have lost only $1.00.
Continue reading ‘Can “Forfeiture” Clauses in Wills be Successfully Challenged?’
Texas Probate Code Section 75 states that upon receipt of notice of the death of a testator (the person who made a will) the person having custody of the testator’s will shall deliver it to the clerk of the court which has jurisdiction of the estate. If an individual who is in possession of a will does not do so, a person may file a sworn written complaint regarding the will or papers belonging to the estate of a testator (or a person who dies intestate [without a will] ). In such circumstances a county judge shall cause that person to be cited by personal service to appear before him or her and to show cause why he or she should not deliver such will to the court for probate or why he or she shall not deliver such important papers to the executor or administrator. The court may then, if satisfied that such person had the will or papers at the time of filing of the complaint, cause him or her to be arrested and imprisoned until her or she shall so deliver them. Any person refusing to deliver such will or papers may also be liable to any person for all damages sustained as a result of such refusal.
It is noted that this Section of the Probate Code does not impose a requirement that all wills be submitted for probate. Instead, the statute’s primary concern is to remedy suppression of a will by an individual in possession of same.
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, at the time of the execution of the will if he or she:
Question: I am out of state and the last of my parents to die recently died in Dallas. One of my sisters is named as the executor of my mother’s estate. I am uncertain as to whether I will be treated fairly as I am not sure she can be trusted. What can be done to protect my interests short of starting a war?
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 your wishes yourself. If your state recognizes a power of attorney for health care, have one executed to authorize someone to act in accordance with your present intentions.
