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…
Tag: Articles
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…
Is a Typed Will Valid in Texas?
There is a common misconception that a typed will is not valid in Texas. This is simply not true. A typed will is just as valid as a handwritten one, as long as it meets the requirements set forth by the state. So, what are these requirements? First, the will must be in writing. It…
Who Has the Burden of Proof in a Will Contest?
Introduction Probate is the legal process of validating a will and distributing a deceased person’s assets to their beneficiaries. In Texas, if someone dies with a valid will, their estate will generally go through probate. However, there are some exceptions. For example, if the estate is small or if all of the assets are held…
Who Will Serve as Personal Representative in Your Will?
Introduction When you’re making your will, one of the most important decisions you’ll make is who will serve as your personal representative. Your personal representative is the person who will be responsible for carrying out your wishes after you die, so it’s important to choose someone you trust implicitly. There are a few things to…
What Must You Prove to Contest a Will?
Introduction When someone dies, their will is supposed to be a clear document that lays out how their estate should be distributed. However, there are times when the will is contested – usually because someone believes that it’s not valid. If you find yourself in this situation in Texas, there are certain things that you…
Can a Texas probate court grant relief on something that was not explicitly in the pleading?
Introduction In Texas, probate courts have the authority to grant relief on matters that are not explicitly stated in the pleadings. This means that if there is an issue that arises during the course of probate proceedings, the court can take action to address it. Texas law gives the court broad powers to do whatever…
Alternatives to Probate: Administration of Community Property
In Texas, administration of community property can be a legitimate alternative to probate. The determination of whether property is community property or separate property can be a complex matter and is often a source of controversy during the administration of an estate. In some cases the community property laws can be used to probate the…