Introduction The law in Texas is clear that a person must have the mental capacity to execute a will. A testator’s mental capacity at the time of execution can be inferred from circumstantial evidence, such as when an individual executes a document with language that is inconsistent with the individual’s usual practices. If there’s doubt…
Tag: Articles
The San Antonio Probate Process
Introduction Probate is the legal process of distributing a deceased person’s assets to their heirs. If you live in San Antonio, Texas and are named in someone’s will as an executor, or if you are an heir to an estate, you may have to go through probate. The process can be complicated, but this article…
Texas Probate Litigation: Failure to Deny Can Be an Admission
Introduction If you’ve ever found yourself in a situation where you’re aware a party to a probate litigation but not sure how to properly handle it, read on for some important information. Legal Terminology Worker’s Compensation Act, Non-Subscriber: Employers who do not provide workers’ compensation insurance coverage. Texas does not require such coverage, but employers…
DFW Probate Law Update: If you hold a Will, Ignorance Is No Excuse
Application for Probate More Than 4 Years After Testator’s Death A will may not be submitted to probate after the fourth anniversary of a testator’s (person who made the will) death unless it is shown that the person applying for probate was not in default in failing to bring it to probate sooner. Here default…
How to Reverse a Texas Probate Judgment
Introduction When someone dies, their property becomes subject to the probate process. This is a legal procedure that pays debts and divides up property as outlined by the Will (or law in the absence of a Will). If there are disputes about who gets what or if someone believes the will was improperly executed, they…
Should You Have a Last Will & Testament in Texas?
Introduction: Should You Have a Texas Will? If you die without a will in Texas, your assets will go to your closest relatives according to state law. This may not be what you want. A will lets you decide who gets your assets when you die. A will is a legal document that says how…
What Is a Texas Transfer on Death Deed?
A Texas Transfer on Death Deed is a way to transfer real property to someone else upon your death without going through probate. The deed must be properly signed and notarized, and it must be filed with the county clerk in the county where the property is located. What is a Texas Transfer on Death…
Who Can Initiate a Probate in Texas?
Probate is the legal process of overseeing the distribution of a person’s estate after they die. It can be complicated and time-consuming, but fortunately there are people who can help make it happen – namely, probate attorneys. In this article, we’ll explore what probate attorneys do, who can initiate a probate in Texas, and some…
What Is a “Will Settlement” Under Texas Probate Law?
Probate law is a legal system that governs the estate of a deceased person. A will settlement is a legal process by which an estate is settled, usually after the death of the person who made the will. The process of settling a will can be complicated and can involve negotiations between family members over…