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…
TX-LW Blogs
Will vs. Estate Planning: What’s the Difference?
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,…
Texas Probate Law Case Study – Representation in Estate Mediation
In July of 2018, the father of the individual in question passed away, leaving behind an estate that needed to be probated. The individual hired an attorney to represent them in the estate mediation process, which has been ongoing for the past two years. However, after no resolution was reached, the individual’s attorney was appointed…
Tax Benefits of Charitable Remainder Trusts
Charitable giving is often an important part of an individual’s tax and estate planning strategy. One popular vehicle for charitable giving is a Charitable Remainder Trust (“CRT”), which can provide significant tax benefits for the donor and a stream of income for non-charitable beneficiaries during their lifetime. CRTs are valid, they can have some tax……
Legal Challenges of an Aging Parent with Dementia in Texas
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,…
Probating a Pour Over Will in Texas: A Case Study
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…
Hiring an Estate Planning Lawyer in El Paso
If you’re looking for an estate planning lawyer in El Paso, it’s likely that you’re concerned about the future of your assets and your loved ones. Estate planning is an essential part of securing your financial legacy, and it’s crucial to have a legal professional on your side who can help you navigate the complexities…
Probating an Estate Without a Will in Texas: A Case Study
Probate law can be complex, particularly when a loved one passes away without leaving a will. In this case study, we explore the legal process for probating an estate without a will. We also consider the challenges that arise when the family members live in another state and provide practical advice on how to navigate…
Case Study: Dispute over the Validity of a Will in Texas
In Texas, the probate process is governed by the Texas Probate Code. When a person passes away, their assets and liabilities are gathered, and their debts are paid off before distributing the remaining assets to the beneficiaries. One of the most crucial documents in the probate process is the last will and testament of the…