Several new laws went into effect in Texas on January 1, 2023, including changes to property tax collection, an expansion of the judicial branch, and an amendment to pollution standards. One of the laws, House Bill 3774, written by District 67 Representative Jeff Leach, allows for public access to the state’s court documents database with…
Tag: austin probate
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.…
10 Common Questions About the Texas Probate Process
The probate process in Texas can be extremely daunting and confusing if you are unfamiliar with it. With all the legal paperwork and court proceedings, it’s easy to get lost in the shuffle. In this article, we aim to answer some of the most common questions about the Texas probate process to give those who…
When Is an Irrevocable Trust Not Established?
An irrevocable trust is a type of trust that, once established, cannot be modified or terminated by the grantor. This type of trust is often used for asset protection or estate planning purposes. But what happens when an irrevocable trust is not established in Texas? In this blog post, we’ll explore the answer to that…
What Do I Do with a Loved One’s Body Prior to Probate?
One of the most pressing concerns when someone dies, prior to the probate process, is figuring out what to do with the body or remains and making the necessary arrangements for the body or remains. Human remains can be donated, buried, cremated, or entombed. It is necessary to determine whether the deceased is an organ…
Are Claims for Inheritance in Texas Probate Court Barred by Statute Even for Adopted Children?
The Texas probate court system is designed to protect the rights of heirs and beneficiaries after the death of a loved one. But what happens when someone tries to make a claim for inheritance after the statute of limitations has expired? In this blog post, we will explore the law around claims for inheritance in…
What is subject to probate in Texas?
In Texas, probate is the legal process that is used to settle the estate of a deceased person. This includes distributing their assets and paying any debts or taxes that may be owed. The process can be complex, but understanding what is subject to probate in Texas can help simplify things. Generally, any property that…
Can evidence of past misconduct toward an estate be used to prove undue influence?
In order to understand if evidence of past misconduct can be used as evidence of undue influence, it is first important to understand what undue influence is. Undue influence is defined as “excessive pressure on a person that causes that person to act or refrain from acting in a way that is not free from…
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…