There is a common misconception that a typed will is not valid in Texas. This is simply not true. A typed will is just as valid as a handwritten one, as long as it meets the requirements set forth by the state. So, what are these requirements? First, the will must be in writing. It…
TX-LW Blogs
A New Beginning for Innocent Spouse Relief
The Taxpayer First Act of 2019 made several changes that impact how tax cases are handled. We are just now seeing some of these changes play out administratively and in court. The recent Bacigalupi v. Commissioner, Docket No. 20480-21 (U.S. Tax Court 2022) is an example of this. It is an innocent spouse case that……
An Overview of Texas Probate Law
Introduction to Probate Law When a person dies, their assets must go through probate before they can be distributed to the beneficiaries. Probate is the legal process of distributing a person’s assets after they die. If the deceased person had a will, the probate court will follow the instructions in the will. If the deceased…
Who Has the Burden of Proof in a Will Contest?
Introduction Probate is the legal process of validating a will and distributing a deceased person’s assets to their beneficiaries. In Texas, if someone dies with a valid will, their estate will generally go through probate. However, there are some exceptions. For example, if the estate is small or if all of the assets are held…
Why Does My Will Have to Go Through Probate?
Introduction After you die, your will has to go through the probate process in order to be executed. Probate is the legal process of validating a will and distributing a person’s assets after they die. If you live in Texas, you may be wondering why your will has to go through probate. After all, it…
Who Will Serve as Personal Representative in Your Will?
Introduction When you’re making your will, one of the most important decisions you’ll make is who will serve as your personal representative. Your personal representative is the person who will be responsible for carrying out your wishes after you die, so it’s important to choose someone you trust implicitly. There are a few things to…
What Must You Prove to Contest a Will?
Introduction When someone dies, their will is supposed to be a clear document that lays out how their estate should be distributed. However, there are times when the will is contested – usually because someone believes that it’s not valid. If you find yourself in this situation in Texas, there are certain things that you…
Adjustments Stemming from IRS Settlements
Generally, when it comes to civil matters, state and Federal law includes various “statutes of limitations” and “discovery rules.” The statute of limitations rules say that a claim has to be filed within a certain time period. The discovery rules say that the time period for the statute starts to run when the claim is……
Are You an “Interested Party” If You Already Received Benefits from a Will ?
Legal Terminology In Limine hearing: A procedure that allows parties to exclude evidence from a jury Uninterested persons: Anyone who has a property right or claim against the estate being administered Probate Law Case Sheffield v. Scott, 620 S.W.2d 691, 693 (Tex. App. — Houston [14th Dist.] 1981, writ ref’d n.r.e.) Facts and Procedural History…