Dealing with the death of a loved one is never easy, but it can be especially challenging when they pass away without a will. This is what is commonly referred to as an estate without a will or “intestate succession.” In this case study, we will explore the complex issues that can arise in these […]
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In July of 2018, the father of the individual in question passed away, leaving behind an estate that needed to be probated. The individual hired an attorney to represent them in the estate mediation process, which has been ongoing for the past two years. However, after no resolution was reached, the individual’s attorney was appointed […]
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In Texas, the probate process is governed by the Texas Probate Code. When a person passes away, their assets and liabilities are gathered, and their debts are paid off before distributing the remaining assets to the beneficiaries. One of the most crucial documents in the probate process is the last will and testament of the […]
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Texas Probate Law provides a legal framework for individuals to apply for guardianship responsibilities over another person who is unable to make their own decisions due to incapacity, such as dementia. However, becoming a guardian also comes with certain responsibilities and consequences if those responsibilities are not fulfilled. In this article, we will examine the […]
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Conservatorship is a legal process in which a court appoints an individual, known as a conservator, to manage the financial and personal affairs of a person who is unable to do so themselves, known as the ward. This process is designed to protect and manage the ward’s assets and property, as well as make decisions […]
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When a person dies without a will, their assets are distributed according to Texas’s laws of intestacy. However, transferring ownership of these assets can be a complex and lengthy process if the proper documentation is not in place. This is where the concept of affidavits of heirship comes into play. In this blog article, we […]
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A loved one’s passing brings sorrow. But being an executor of their estate adds a new burden. In Texas, it is vital to know the legal duties, including the filing of a tax return. This guide will explain the estate tax return requirements in Texas, when to file, what the estate includes for tax purposes, […]
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This is a case study based on the facts of of the actual case, Rogers v. Carter, 385 S.W.2.d 563 (1964), if it were decided today. In this regard, it is a hypothetical legal analysis and not an analysis of the court’s actual holding. Introduction In this case, the dispute is over the rights to […]
The post Disputing Inheritance Rights: A Case Study in Texas Probate Law appeared first on Austin Probate Attorneys.
Probate law can be a confusing and overwhelming process for those who have recently inherited property. In Texas, probate law governs the distribution of a deceased person’s assets, including real property. When an individual dies, their assets must pass through probate before they can be distributed to the heirs or beneficiaries. In this blog post, […]
The post Default Judgements on Inherited Property: A Case Study appeared first on Austin Probate Attorneys.