The rise in the aging population has resulted in an increase of deceased borrowers in Texas, leaving behind a complicated situation for both their families and mortgage lenders. The mortgage loan becomes due and payable in full, even if the estate cannot cover the remaining balance. This can lead to probate proceedings and a struggle…
TX-LW Blogs
Inherited Jewelry in Probate: A Texas Case Study
When a loved one passes away, their assets must be distributed to their beneficiaries. This process is known as probate and it can be a complicated and confusing process. In this article, we will explore the probate process in Texas and how it applies to the estate of Mrs. T and Inherited Jewelry in Probate.…
Texas Probate Law: A Case Study on the Distribution of a Deceased Estate
Losing a loved one is never easy, and the process of settling their estate can be complicated and emotionally taxing. This is especially true when disagreements arise between the beneficiaries of the estate. In this blog post, we will explore a case study of a common scenario faced by many families in Texas, and provide…
Navigating Joint Power of Attorney in Texas Probate Law
The use of durable powers of attorney is a common practice in Texas, allowing individuals to appoint agents to manage their financial affairs in the event they become incapacitated. However, when it comes to joint powers of attorney, financial institutions may be hesitant to honor the document. In this blog post, we will examine the…
Understanding Social Security and Conservatorship in Texas
Conservatorship is a legal process in which a court appoints an individual, known as a conservator, to manage the financial and personal affairs of a person who is unable to do so themselves, known as the ward. This process is designed to protect and manage the ward’s assets and property, as well as make decisions…
An Appraisal is Not Always Needed for a Casualty Loss Deduction
Casualty losses are often challenged by the IRS, as they meet the “large, unusual, or questionable” (“LUQ”) standard for pulling returns for audit. On audit, the IRS insists on an appraisal from a third party that shows the difference in fair market value before and after the casualty event. Even if an appraisal is provided……
4 Steps to Administer an Estate in Texas
Administering an estate in Texas can be a complex and sometimes daunting task. Depending on the size of the estate, it can take months or even years to complete. To help simplify the process, here are four steps that you should follow when administering an estate in Texas. From filing the necessary documents to taking…
Do I Need a Comprehensive Estate Plan?
As a resident of Texas, you understand the importance of protecting your assets and providing for your loved ones. Estate planning is a critical step in ensuring that your wishes are honored and your family is taken care of after you pass. In this blog post, we’ll outline the benefits of creating a comprehensive estate…
The “First-Filed Rule” in Texas Probate Law
In the legal world, disputes can arise over a variety of issues, and when two cases with similar subjects are filed, the question of jurisdiction often arises. This was the situation in the recent case of In re McGowan, No. 03-22-00726-CV, 2023 Tex. App. LEXIS 168 (Tex. App.—Austin January 11, 2023, original proceeding), which dealt…