The probate process involves settling the decedent’s financial obligations, paying debts and taxes, identifying and appraising assets, and distributing the remaining assets to the rightful beneficiaries or heirs. This is a multifaceted process that involves a careful balance of probate laws, family relationships, beneficiary interests, and executor responsibilities. One particularly crucial aspect of the probate…
Tag: Articles
Case Study: Home Ownership After a Spouse Dies Without a Will
In Dallas, Texas, Jimmy’s life took a complicated turn when he lost his wife and was faced with navigating the nuances of Texas estate law. His stepson Bob, absent for nearly a decade, unexpectedly inherited a 50% stake in the home Jimmy thought was fully his. Texas Estates Code provides guidelines for what happens when…
Using the Texas Probate Laws to Avoid a Foreclosure
What happens if someone owns real estate that is subject to a mortgage and the mortgage goes unpaid because they died? Can the bank foreclose on the property? If so, what steps should the surviving family members take to protect the property? The recent Midfirst Bank v. Robbinson, No. 3:22-CV-0333-M-BH (N.D. Tex. 2023) case provides…
How Does Probate Work in Texas
Probate in Texas should be viewed as a process. It is a process that has several steps that have to be completed. The end goal of these steps is to resolve family and other disputes and identify, manage, and distribute the decedent’s property. With these goals in mind, here is a very general explanation of…
How Much Does an Estate Have to be Worth to Go to Probate in Texas?
There is no set limit for when probate administration is required or warranted in Texas. While some large estates may not have to go through probate, some small estates do. Alongside other factors such as family disputes or complex financial arrangements, the value of the estate and the nature of its assets play a significant…
Inherited Jewelry in Probate: A Texas Case Study
When a loved one passes away, their assets must be distributed to their beneficiaries. This process is known as probate and it can be a complicated and confusing process. In this article, we will explore the probate process in Texas and how it applies to the estate of Mrs. T and Inherited Jewelry in Probate.…
Navigating Probate Without a Will: A Real-Life Case Study
When a loved one passes away, it can be a difficult and overwhelming time for their family and loved ones. One of the many tasks that must be addressed is the distribution of their assets, which can be particularly complex if the deceased did not leave behind a will. This is known as probate, and…
Texas Probate Case Law: Free and Voluntary Act
The probate process in Texas is often long and complicated. It can involve many steps, most of which are unfamiliar to the average person. One of the most important steps in the process is the free and voluntary act. This step is so important that it has its own section in the Texas Estates Code.…
Top 5 Things to Look for in a Texas Probate Attorney
When it comes to selecting a Texas probate attorney, there are many things to consider. Probate is the legal process of administering an estate after someone passes away and involves complex and detailed work. You need an attorney who understands your needs, is knowledgeable about Texas law and has the experience necessary to handle your…