A will is a legal document that names how a person’s property will be distributed after their death. In order for a will to be valid, the person must have what is called “testamentary capacity.” This means that they must understand the nature and extent of their property, and must be able to identify the…
Tag: Articles
Fighting Among Relatives, No Will, and Other Things That Can Hold Up Your Texas Probate
No one likes to think about what will happen after they die, but it’s important to have a plan in place. If you don’t, your loved ones may have to deal with a lot of complications. One of the biggest problems they might face is probate. Probate is the legal process of distributing a person’s…
What If Someone Removes Organs from a Deceased Family Member without Permission?
Dealing with the death of a loved one is an incredibly emotional time. Because it is so sensitive, there are legal remedies that allow members of a decedent’s family to recover for monetary damages if matters are not dealt with properly. One of the remedies is for negligent infliction of mental anguish. What is this?…
Can You Benefit from a Will If You Murder your Spouse? The Texas Slayer Rule
Have you ever wondered if someone can inherit from an estate if they kill their spouse? This is what is commonly called the “Slayer Rule”. In this blog post, we will explore the realities of the law in Texas. What is a will? In Texas, a will is a legal document that outlines how you…
Does a Bank Signature Card Create a Survivorship Agreement?
A bank signature card is a document that lists the names of the people who are authorized to sign checks and other documents on behalf of the bank account holder. This document is also sometimes referred to as a “check-signing card” or an “authorization card.” The purpose of this document is to give the bank…
Does Separate Property Acquired in One State Count as Community Property in Texas?
Introduction When it comes to probate, property division can be a complex and contentious issue. If you and your spouse own property in more than one state, the question of which state’s laws will govern the division of that property can become even more complicated. In this blog post, we will explore the concept of…
Does a Constructive Trust Have to Be in Writing?
Introduction A constructive trust is an equitable remedy imposed by a court to prevent one party from unjustly enriching themselves at the expense of another. It can be used to rectify many different types of situations, such as when someone uses fraud or duress to obtain property. In Texas, a constructive trust does not have…
Can You Change a Will in Texas After You Sign It?
Introduction You’ve finally done it. After months of planning and preparation, you have executed your will. But what happens if you need to make a change? Can you simply cross something out and initial it? What if you want to add or delete a beneficiary? The law surrounding wills is complex, and it varies from…
Does a Written Name Constitute a Valid Signature on a Will?
Introduction In Texas, a will must be in writing and signed by the testator (the person making the will) in the presence of two witnesses. But what happens if the testator only has a written name? Is that considered a valid signature on a Texas will? In this blog post, we will explore the answer…