Drafting a will is an important step for any Texas resident, as it helps to ensure that your estate and assets are distributed according to your wishes after you pass away. But what happens if your will is inconsistent with itself? In this blog post, we will explore the implications of an inconsistent or ambiguous…
Category: Probate Law
A Dedicated Probate Court in Montgomery County?
As the population of Montgomery County continues to grow, so does the need for efficient and effective courts to manage the increasing number of cases. To address this, State Representative Will Metcalf has filed House Bill 1436, aimed at converting Montgomery County at Law No. 2 into a probate court. What Is a Dedicated Probate…
How Do I Find a Will?
When someone passes away, it is important to determine whether they had a valid will in place. This can be accomplished through a careful search for the document. If a will is located, it will guide the distribution of the decedent’s assets in accordance with their wishes. If no will is found, it may be…
How Do I Locate a Will?
Have you ever wondered how to locate a will? While it may seem like a daunting task, it is an important step when trying to figure out what the deceased wanted. This can be especially true if you are an heir or executor of a will. In this blog post, we’ll explore what to do…
What Should I Look for in a Personal Representative?
Texas state law mandates that for any probate matter, a personal representative must be appointed in order to represent the estate of the deceased. But what exactly does that mean? How can one determine who is capable and eligible to be the personal representative? And what qualities do they need to possess in order to…
What is a Muniment of Title?
A Muniment of Title is a legal concept that many people have heard of but don’t really understand. In this blog post, we will provide a comprehensive overview of the concept and discuss how it applies to real-world scenarios. A Muniment of Title is a legal document that confirms an individual’s ownership rights over certain…
Arrangements to Make After a Loved One Dies
Death is a difficult thing. It can feel sudden and overwhelming, no matter the circumstances. During this time of grief, it’s understandable that you may not be thinking about the practical considerations involved in dealing with the death of a loved one. But these are important arrangements to make in order to take care of…
Are Life Insurance Proceeds Taxable?
Section 101 of the Internal Revenue Code generally provides that the proceeds from a life insurance policy are generally tax-free to the recipient if the recipient is the beneficiary of the policy and is receiving the proceeds as a result of the death of the insured. There are some exceptions to this general rule. For…
When Can a Will Be Legally Revoked?
In the Texas case of In re Estate of Capps, the court was faced with the question of whether the decedent’s will had been revoked. According to Texas law, a will can be revoked either by physically destroying it, by making a new will that revokes the old one, or by making a statement indicating…