Introduction Inheriting life insurance in Texas is a process that requires some understanding of the law. It can be confusing, but it’s important to know what to do if you are the beneficiary of a life insurance policy. In this blog post, we will walk you through the process of inheriting life insurance in Texas.…
TX-LW Blogs
Can a Testator’s Feelings About Someone Prove Fraud in Probate Court?
When a person dies, their estate must go through probate in order to be distributed to their heirs. In Texas, probate is handled by the court system, and there are certain rules and procedures that must be followed. One of the key aspects of probate is proving that the will is valid. In some cases,…
Can You Argue Facts Excluded from Evidence in Probate Court?
Introduction: Filing or Contesting a Will Texas Probate Court is the court in charge of handling the probate process for deceased persons who resided in Texas. This includes distributing their assets to heirs and resolving any debts or claims against the estate. The court also has jurisdiction over guardianship and conservatorship matters involving incapacitated adults…
Must a Judgment Against a Deceased Debtor Be Executed by the Probate Court?
In Texas, if a debtor dies before the judgment is satisfied, the judgment may be enforced against the estate in probate court. If you are a judgment creditor and the debtor dies, you must take action within a certain time frame to have the judgment enforced by the probate court. But must the judgment be…
Can a Beneficiary Challenge a Fiduciary’s Actions?
Introduction The fiduciary-beneficiary relationship is one of trust. The fiduciary has a duty to act in the beneficiary’s best interest and must exercise a degree of care that a reasonable person would under similar circumstances. If the beneficiary believes that the fiduciary has breached this duty, can he or she challenge the fiduciary’s actions in…
Partnerships Have to Maintain Accurate Capital Accounts
One of the tax benefits of partnerships is that they are flexible. The parties can agree to differing terms and the values and dollars associated with those terms can be trued-up in subsequent years. The allocation of profit and loss provisions provides an example. Depending on their agreement, the parties can allocate profits and losses……
Must an Inference Be Supported by Evidence?
An inference is an educated guess. When you draw an inference or conclusion based on the evidence, there’s a reason you come to that conclusion and that reason likely comes from the evidence presented within the text. Inferences may be made based on evidence, but an inference itself is not evidence. Can a lawyer in…
How to Probate a Will in Dallas, Texas
Introduction Probate is a process that is used to distribute an individual’s assets after they die. In order to start the Probate process, you will need to file a petition with the court in Dallas, Texas. This article will provide you with all the information you need to file your petition and go through the…
When Can You Exclude Witness Testimony in Probate Litigation?
Excluding Witness Testimony A court may exclude a witness testimony from a suit for several reasons. This exclusion will be upheld so long as the court did not abuse its discretion in doing so. What constitutes an abuse of discretion? Morrow v. H.E.B., Inc. discusses this. Probate Case Morrow v. H.E.B., Inc., 714 S.W.2d 297…