Lifetime transgressions can and do often come to a head when someone dies. This can include a variety of family issues, including those that some may consider taboo. Take the example of where an uncle purports to marry his niece. Texas law does not allow such a marriage, but, apparently, some jurisdictions do. What happens…
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Texas Probates & Property Purchased in Another Person’s Name
If you are expecting a legal problem, you may take steps to move property to others. This may include buying property in the name of a third party. Take for instance a pending divorce or demand letter for a lawsuit that you might lose. Or maybe it is an unpaid IRS debt that continues to…
Informal Marriage and Intestate Succession in Texas
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…
Guardianships in Texas
Appointing a guardian for your child is one of the most important decisions you can make as a parent. It’s a decision that is often made in the event that something happens to you or your spouse. There are many factors to consider when making this decision. You want to appoint someone who is responsible…
Does a Power of Attorney End at Death?
Introduction In Texas, a power of attorney (POA) is a legal document that grants someone else the authority to act on your behalf. This can be for financial or medical decisions, and is often used if the person named in the POA is unable to make decisions for themselves. But what happens to a POA…
Can Making an “X” on a Signature Line Validate a Will?
Introduction: Legal requirements Can making an “X” on a signature line in a will validate the document? The simple answer is: maybe. In Texas, a will must be in writing and signed by the testator (the person making the will) in order to be valid. However, there is no specific requirement as to how the…
Can a Signature Be on a Different Page than the Will?
Introduction If you’re considering a will in Texas, you might be wondering about the signature requirements. Can a signature be on a different page than the will itself? In this blog post, we’ll explore this question and what you need to know if you’re considering a will in Texas. Last will and testament Texas In…
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…
Alternatives to Probate: Order of No Administration
The “order of no administration” is one of the alternatives to a full probate. It is used when the estate has some assets, but the award of a family allowance would exceed the value of the assets. Since the family allowance is paid before nearly all other claims to the estate assets, there is no…