When a will is contested in Texas, the scope of the executor’s authority is often disputed. Texas executors derive their authority solely from the will itself. However, competing heirs disagree on what powers the will actually grants. Critical issues like an executor’s ability to dispose of estate assets through sale or gift may hinge on…
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When Is a No-Contest Clause Enforced in Texas?
A will can provide that if someone challenges the will, they are disinherited. This is referred to as a “no-contest” or “in terrorem” clause. Texas law allows for the enforcement of no-contest clauses in wills. No-contest clauses in wills are enforceable in Texas. However, Texas courts have enforced these clauses narrowly to avoid unwarranted forfeitures.…
When an Uncle Marries a Niece: Can the Niece Inherit as a Surviving Spouse?
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…
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…