Tag: austin probate

  • What’s the difference between Tangible and Intangible Assets in Probate?

    With a will, you can divide both your tangible as well as your intangible assets. Whether an item belongs in the estate or not depends on what type of asset it is. It’s very important to make this distinction between tangible and intangible assets, otherwise the distribution of an item of significant value could be affected.

    Tangible assets, rights, and property examples

    Tangible personal property is any physical item other than real estate. Tangible personal property includes furniture, fixtures, machinery and equipment. Tangible personal property includes any item that is or can be removed or transported without material change to its form or function, such as apparel and furnishings.

    Intangible assets: Non probate assets, real estate and personal property

    Intangible property generally includes assets which are not physical. Common examples include assets like cash, reputation, copyrights, patents , and goodwill. Intangible assets may also include property rights or claims to property that is itself not tangible. For example, ownership of land includes the right to use it, licenses that grant limited access to computer software, and securities such as bonds or stocks. Basically, intangible assets are not physical in nature.

    Is money tangible personal property?

    It is common to assume that since money is physical, it is a tangible asset. However, the courts have ruled that money is an intangible asset. However, if the decedent owned some personal property that was not of a fungible nature, such as a coin collection or valuable currency items that the decedent identified specifically, it could be part of his or her intangible personal property and would pass outside the will. But, generally speaking, cash is an intangible item.

    Are stock certificates tangible property?

    What about stock certificates? A recent case analyzed whether stock certificates in a closely held company could be considered tangible personal property. Despite the plaintiff’s argument that stock certificates were tangible assets, the court ultimately found that they were intangible and therefore not subject to the decedent’s Will. The court ruled that the document only represented what the actual interest was in the corporation, so it could not be admitted into evidence.

    Do you need to hire an attorney to distribute an estate?

    Therefore, it is always important to pay close attention to how an executor classifies assets during distribution of an estate. The classification of assets can be very important in the distribution process because it could mean that tangible assets, such as real estate or vehicles, are distributed differently than intangible assets, like stocks and bonds. If you have any questions, call one of our trusted probate attorneys for a free consultation.

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    What is the difference between tangible and intangible personal property?

    Intangible personal property is the most difficult to describe since it doesn’t physically exist. In Texas, intangible personal property refers to any asset that isn’t real estate, money or other tangible items. Determining who inherits intangible items can be difficult since not everyone will receive the same type of assets. A good example of intangible personal property includes things like art, stocks and bonds, life insurance, stocks and cars.

    Laws on probate assets are often very different in each state. This is because states have different laws on which items must be probated and which ones don’t need a formal probate. For example, in California, Arizona, Nevada and Oklahoma, the only assets that need to go through a formal probate court are real estate and money. Other assets pass straight to the person who inherits the item.

    In contrast, tangible personal property is anything that can be physically touched. This would include items such as furniture, clothing, jewelry and vehicles. Tangible personal property is generally much easier to divide up since it can be divided into equal shares. For example, if there are three children inheriting a home, each child would receive an equal share of the home.

    It’s important to note that some states consider certain types of intangible personal property to be probate assets. For example, in Texas, stocks and bonds are considered probate assets. This means that they must go through the formal probate process in order to be transferred to the rightful heirs. Other states have different laws on which intangible items are considered probate assets.

    What are examples of tangible and intangible assets?

    When you are dividing up your parent’s estate after they pass away, you’ll need to determine what is considered an asset, and what is not. Here are some examples of tangible and intangible assets:

    Tangible Assets Tangible assets are those that you can touch, like jewelry, artwork, or other valuable items. Tangible assets will be identified on your parent’s balance sheet.

    Some people might consider their family home to be a tangible asset, but it can also be an intangible one. The same is true of any property that your parents own outright. If there are no mortgages or other loans against the property, then it qualifies as an asset.

    Intangible Assets Intangible assets are those that you cannot touch, such as patents, copyrights, and goodwill. These items may not be listed on your parent’s balance sheet, but they can still have value. You’ll need to have these appraised in order to determine their worth.

    What are intangible assets in a will?

    Many people will put down things like jewelry and money in a will. However, there are things that may be considered intangible assets as well. Things like trademarks or patents are also included in this category as well. In order to understand what they are and why they are in a will, it is important to understand what an intangible asset is. An intangible asset is defined as any nonphysical asset that has value. For example, patents, copyrights, trademarks and goodwill can all be considered intangible assets.

    The estate tax laws state that any property that has an established value of an asset can be considered an intangible asset. This can be determined by the person’s total assets and whether or not the fair market value is greater than the total value of the tangible assets. This only comes into play when other assets have been exhausted. Once the other assets have diminished, the value of the intangible assets will help lower the tax burden on the estate.What are some of the benefits of creating a trust?

    There are many reasons why someone might want to create a trust. One common reason is to avoid probate. Probate is the legal process that happens after someone dies, during which their assets are distributed according to their will or estate plan. Trusts can help avoid probate because they allow assets to be transferred directly to beneficiaries without going through probate court. This can save time and money, and it can also keep your affairs private since probate proceedings are public record.

    Another reason people create trusts is to protect their assets from creditors or lawsuits. When you put assets in a trust, they become protected from your creditors—meaning they can’t take them to pay off your debts. This can be especially helpful for business owners or people with significant wealth who may be at risk for lawsuits. Trusts can also help you manage your assets if you become incapacitated since the trustee will be able to step in and make decisions on your behalf.

    Lastly, trusts can be used for tax planning purposes. For example, if you have a large amount of money in an IRA, you may want to put it in a trust so that your heirs won’t have to pay taxes on it when they inherit it. There are many different types of trusts, and each has its own set of rules and regulations—so it’s important to work with an attorney or financial advisor who can help you choose the right one for your needs.

    What does tangible and intangible mean in a will?

    A tangible asset is one that you can touch, like your house or car. Intangible assets are less concrete. They don’t have any physical form and may be difficult to value, like a good friend or a closely held business.

    Texas Law defines both tangible and intangible assets in terms of property.

    In Texas, property includes both real (tangible) and personal (intangible) property; some property may be classified as both.

    Texas Law states that Intangible personal property includes all legal or equitable interests that are not considered real property under the laws of this state. Some examples of intangible assets are copyrights, patents, and goodwill. These are all things that have value, but you can’t touch them or see them. They can be very difficult to value because there is often no market for them.

    One example of a tangible asset is your house. It’s something that you can touch and see. It’s usually easy to value because you can look at similar houses in the area and get an idea of what it’s worth.

    What is tangible personal property in a will?

    There are a number of different assets that may be distributed in a will. The most typical assets are houses, vehicles (tangible personal property, or TPP), bank accounts, valuable personal property and retirement accounts. There is TPP, which is the most typical item that people will find in their will. But what is TPP? TPP is anything that you own that you can physically touch, like your car, your computer, furniture, etc. It doesn’t include financial instruments or intangible personal property (IP).

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  • Can a Holographic Will Be In Someone Else’s Handwriting?

    A holographic will is a handwritten will that is not witnessed. The testator, the person who made the will, must write, date, and sign the entire will. This type of will is valid in any state, including the state of Texas. However, as with most wills, it must be proven to be your will and not a forgery before it can become effective. But must the will be entirely in the testator’s handwriting? This case gives us some help in answering that question.

    Holographic Will

    A will entirely written and signed by a testator, used as an alternative to a will drafted by an attorney.

    Texas Probate Case

    In re Estate of Capps, 154 S.W.2d 242, 245 (Tex. App. – Texarkana 2005)

    Facts & Procedural History

    After Nadine Capp’s passing, her physical will was unable to be found. The trial court found that Ms. Capp (Decedent) had intended for her property to be dispersed as instructed by the will document, and admitted it to probate as a holographic will. The trial court also appointed Devon Roberts as the administrator for Decedent’s estate.

    Truman Bishop (temporary administrator of Decedent’s estate) and Hulene B. Parvar appealed, arguing that the evidence was insufficient to support the admission of the will to probate considering the original will had not been found. They also declared that the evidence was insufficient regarding the proper execution of the will, and that the appointment of Roberts rather than Bishop was an error. The Court of Appeals affirmed the trial court’s judgment, holding that the evidence was sufficient to allow for the will’s admission to probate (specifically that it showed the cause of nonproduction and that the will had not been revoked). The evidence provided showcased that the will had been created in Decedent’s handwriting and that the choice of administrator for Decedent’s estate was proper.

    Main Considerations: Valid Written Will Requirements

    What evidence must be provided to show non revocation (the rebuttal of the presumption of revocation) of a lost will?

    Proof of circumstances contrary to the presumption of revocation, or evidence that the will was fraudulently destroyed by another person, can defend against the invalidation of a lost will. Using the standard sufficiency analysis rule, the testimony of a person (witness) who states that a testator did not revoke the will has been held sufficient evidence of non revocation to support probate of the will. Additionally, evidence that shows a decedent recognized a will following its execution and had no issues with its intended beneficiaries or the will’s contents can be used to rebut the presumption of revocation of a missing original will.

    The Takeaway

    In re Estate of Capps shows that a holographic will can/will be regarded as valid if either the will is completely in the testator’s handwriting (self-proven) or two witnesses testify to the presence of the testator’s handwriting. A will, intended to be holographic, will be enforced despite the existence of words not in the testator’s handwriting if those words do not alter the meaning of the will.

    Do You Need an Experience Attorney to Probate a Will?

    Do you need help with a probate matter in Austin-metro area or the surrounding communities? We are experienced probate attorneys who represent clients with sensitive probate matters. If so, please give us a call us at 512-273-7444 or use the contact form to the right (–>) to see how we can help.

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    Why is a handwritten will called holographic?

    A handwritten will is called holographic because it is written entirely in the handwriting of the person who made it. This type of will is typically made when someone doesn’t have time to go to a lawyer or make a more formal will, such as a last will and testament or a simple will.

    What do you write in a holographic will?

    A holographic will is one made entirely in the handwriting of the testator. Holographic wills are legal in Texas. A holographic will begins with the words “I, (name), being of sound mind, hereby…” You must make it clear that the document is your will. You must also sign and date it.

    To make a holographic will, you simply write out your wishes. You can also have at least two disinterested witnesses sign it to “prove” that you actually wrote it. In other words, they certify that they saw you write it.

    Does a holographic will have to be in cursive?

    A holographic will is a handwritten will that is entirely in the handwriting of the testator, the person who is making the will. The will does not have to be in cursive, but it does have to be in the testator’s own handwriting.

    What is the difference between a simple will and a holographic will?

    A simple will is a will that is executed by a lawyer or notary in accordance with the formalities of the law. A holographic will is a will that is entirely handwritten, dated and signed by the testator.

    In order for a handwritten will to be legal, the document must be in your own handwriting. No one can write it for you and it cannot be typed. You can write in cursive or print, but the entire will must be in your handwriting only.

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  • Is It Good Enough to Initial a Will in Texas?

    Last Will and Testament Requirements in Texas

    You might think that as long as you have a will, your estate will be distributed the way you want it to be. But if you don’t have a valid will in Texas, your estate will be distributed according to the laws of intestacy. It’s established law in Texas that valid will must be In writing, signed by a testator in person, and signed by at least two witnesses in the presence of the testator who are both over the age of 14. But what does it mean to “sign” a will? A new Texas case holds that simply initialing the will could be good enough to meet the execution requirement.

    Attested will: requires the signature of the testator and the signature of two or more witnesses who are not beneficiaries of the will.

    Probate Law Case

    Jones v. Jones (Tex. App.—Houston [1st Dist.] March 29, 2022, no pet. history).

    Facts & Procedural History: Holographic (Written or Handwritten) Wills

    Decedent’s wife (Beneficiary) filed an application for probate of an attested will, which was contested by Decedent’s son from a previous marriage (Contestant). The trial court denied Testator’s application, declaring that the will lacked Decedent’s signature and that the statements from the witnesses regarding their viewing of the signing could not be correct.

    Beneficiary appealed, and the Court of Appeals held that there was sufficient evidence to establish testamentary intent through (1) the presence of his initials on six pages of the will and (2) the statements made by the witnesses. The lack of a signature on the last page alone did not invalidate the will. The Court of Appeals referenced Texas case law suggesting that a signature on a will could be relatively informal (including initials) if testamentary intent was present. This intent could be inferred through the facts and circumstances surrounding the execution of the will.

    Main Considerations

    What is required for writing a valid will or codicil in Texas?

    Except as otherwise provided by law, a valid will must be: (1) In writing; (2) signed by a testator in person; and (3) signed by at least two witnesses in the presence of the testator who are both over the age of 14.

    The Takeaway: What Does “Signed” Mean?

    Jones v. Jones shows that, as long as there is testamentary intent present, initials may constitute a signature for the purposes of a will.

    Do You Need to Hire a Lawyer to Probate a Will In Austin?

    Do you need help with a probate matter in Austin-metro area or the surrounding communities? We are experienced probate attorneys who represent clients with sensitive probate matters. If so, please give us a call us at 512-273-7444 or use the contact form to the right (–>) to see how we can help.

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    How to make a will in Texas?

    A valid Texas will must be: (1) written; (2) signed in person by the testator; and (3) signed by at least two witnesses in the presence of the testator who are both over the age of 14.

    A handwritten will is only legal if it meets the requirements of the Texas Estates Code. If the will does not meet these requirements, it may be declared invalid by a court. If any part of a holographic will is not in the handwriting of the testator, or if there is no indication of when it was executed, then it may be declared invalid by a court.

    What are the three conditions to make a will valid?

    A will must be written and signed by the testator (the person making the will). Under Texas law, a will is not valid unless it was signed at the end of the document by the testator in what is called “testamentary capacity.” To have testamentary capacity, a person must: – understand that they are making a will – know the nature and extent of their property – know who their natural heirs are – understand how distributing their property will affect said heirs.

    The will must be signed by two persons who witnessed and signed the will in the presence of the testator. A will can be revoked only if it is done in writing and signed by the testator at the end of the document or after another provision or clause.

    If any of these elements are missing, then the court may find that the will is invalid.

    What happens if you lost original will?

    In general, if you lost your original will, you can execute a new will to replace it. However, when you execute a replacement will, there are a few important rules that you must follow. For more detailed information, please contact our probate attorneys.

    How to file a will in Texas?

    After a decedent’s will has been filed with the Court the Clerk of the Court should then publish a notice advising all interested parties that the Will has been filed. The notice must remain posted for at least 10 days. This is to give those who wish to contest a will time do so. If no one contests the will, the courts will move forward with confirming its validity.

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  • Can an Insurance Claim File Be Attorney-Client Privileged?

    An insurance claim file can be attorney-client privileged. The attorney-client privilege is a legal principle that protects communications between attorneys and their clients from being disclosed in court. The insurance claim file is sometimes considered to be part of the attorney-client relationship if it contains confidential information about the case. The following case gives us more information:

    Writ of Mandamus: an order from a court for a governmental entity to conform to their legal obligations

    Humphreys v. Caldwell, 888 S.W.2d 469, 470 (Tex. 1994)

    Facts & Procedural History: Discovery

    Jill Mullinax and Charlotte Farley had an automobile accident in 1991. Mullinax had State Farm insurance and was represented by Danny Humphreys and Harlan Holiner, both of whom served as claim adjusters. Farley sued Mullinax, and the case was settled prior to trial. At the same time, while this suit was pending, Farley filed another suit alleging that State Farm Humphreys, and Holiner engaged in bad faith and unfair settlement practices under Article 21.21 of the Texas Insurance Code. In response, State Farm filed a motion for summary judgment (arguing she lacked standing), which was denied.

    Regarding this second case, during the discovery period, Farley asked State Farm to produce documents that State Farm declared to be privileged. These documents included the file on the car accident, information on similar claims over a five year period, and Humphreys and Holiner’s personnel files. Farley filed a motion to compel the documents, which State Farm responded to with affidavits with grounds for the exclusion of the documents. After several hearings, the trial court ordered State Farm to produce the claims file, the personnel files, and information about similar claims over the last three years.

    The Supreme Court held that (1) State Farm’s affidavits were insufficient, and (2) The trial court abused its discretion in instructing the delivery of the entire claims file (the contents are attorney work product), and that an appeal by State Farm would not sufficiently remedy the situation. The Supreme Court granted State Farm’s motion for leave to file and granted the writ of mandamus conditionally, stating that the writ was only to be issued if the trial court failed to discard its claims file order/didn’t review whether work product privilege needed to be honored.

    Main Considerations

    What must an insurance company seeking to exclude documents based on immunity or confidentiality do?

    They must specifically plead immunity and provide evidence, such as affidavits or live testimony, that supports the claim. An affidavit which does not positively and unqualifiedly represent the facts as disclosed in the affidavit to be true and within the affiant’s personal knowledge is legally insufficient.

    Why might the documents in the insurance broker claim file be subject to attorney work product privilege?

    They likely contained the attorney’s mental processes, conclusions or legal theories related to their pretrial preparation.

    The Takeaway

    Humphreys v. Caldwell shows that evidence conveying information that likely involves attorney-client privilege is subjected to higher scrutiny, and that the exclusion of such evidence requires sufficient support.

    Do you Need to Hire an Experienced Probate Attorney in Austin?

    Do you need help with a probate matter in Austin-metro area or the surrounding communities? We are experienced probate attorneys who represent clients with sensitive probate matters. If so, please give us a call us at 512-982-9293 or use the contact form on the right to see how we can help. –>

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    Are communications between insurer and insured privileged?

    In the world of insurance, there is a lot of back and forth between insurer and insured. But what happens when that communication is privileged? Can an insurance claim file be attorney-client privileged? When an insurance claim involves an attorney, that claim may be considered privileged.

    Are insurance claim notes privileged?

    Any material that is subject to attorney-client privilege will be marked explicitly in the file. Any material that is subject to attorney-client privilege is usually marked as “Attorney Client Privileged.”

    Is an insurance policy confidential?

    Most insurance policies contain a confidentiality clause that protects the insurer’s trade secrets. However, this does not mean that the information in an insurance claim file is automatically attorney-client privileged.

    Is an insurance policy confidential?

    No, an insurance policy is not considered confidential. However, an insurance claim file may be attorney-client privileged if it contains attorney work product.

    What are the elements of the attorney-client privilege?

    The attorney-client privilege is one of the oldest and most well-recognized privileges in the law. It is based on the principle that communications between lawyers and their clients should be confidential. The attorney-client privilege protects communications between lawyers and their clients from being disclosed without the client’s consent.

    Are communications with insurance company privileged?

    Some states consider communications between insurance firms and their policyholders privileged, which means they are not subject to discovery in a lawsuit. In other words, if you’re involved in a car accident, your insurance company can’t be forced to turn over emails or letters that you sent them.

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  • Who Can Secure a Decedent’s Property?

    When a person dies, his or her estate is the collection of the person’s assets at the time of death. The estate is managed by an executor, who is responsible for paying any debts and taxes owed by the deceased, as well as distributing the remaining assets according to the will. If you are the executor or administrator of an estate, you are responsible for preserving the estate’s assets until they are distributed to the beneficiaries. There are several steps you can take to preserve the estate’s assets. The key to preserving a decedent’s estate is to ensure that only the appropriate person has the ability to access assets.

    Who Can Secure Property? Beneficiary Interest

    After someone has died, loved ones have to figure out what to do with their belongings. This can present a number of challenges.

    Texas law generally says that an interested person can act to secure or preserve property. For example, if you have a claim against the property and it is in danger of being lost, you may be able to act to protect your interest in the property. But doing so can also subject the person who does so to civil and possibly criminal liability. Where is the line between securing property and doing something that is illegal? The law is not all that clear.

    It is generally recommended that items of value be documented, and precautions taken. This includes bringing witnesses with you, having police supervision during the proceedings, taking photographic evidence etc. The more information that is documented, the better.

    An application for emergency intervention or a temporary probate administration may be needed to secure the decedent’s property. An emergency intervention attorney can help with this situation to secure property.

    How to Secure Probate Property in Texas

    Methods of securing property depend on the type of property. For real estate, contact a mortgage holder, tenant or other interested party to ensure it will be secured. It may include changing the locks as well. Cash and/or checking account can be secured by transferring them to an account owned by the estate.

    There are other property that can be more difficult to secure, such as operating businesses and digital assets, such as cryptocurrencies. Cryptocurrencies are digital assets that are used to send value between accounts.

    Property located outside of Texas presents unique challenges. Some of these will be addressed later in this guide, but it is worth noting that the law of another state may need to come into play. This means filing ancillary probate in the other state, which can get complicated and expensive.

    When property cannot be secured, it may be necessary to consider a temporary administration. A temporary administration is a court application that is typically used only when other options have been exhausted. In this case, it’s usually a good idea to get a probate attorney involved.

    Do you Need to Hire an Experienced Probate Attorney in Austin?

    Do you need help with a probate matter in Austin-metro area or the surrounding communities? We are experienced probate attorneys who represent clients with sensitive probate matters. If so, please give us a call us at 512-273-7444 or use the contact form on our homepage to see how we can help.

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    What does the estate of a deceased person mean?

    The estate of a deceased person means all the assets that they own. After someone dies, there is a period in which their assets are managed by an executor or administrator and distributed to the people named in their will or living trust.

    How do you preserve an estate?

    The executor or administrator of an estate is responsible for preserving the estate’s assets until they are distributed to the beneficiaries. There are several steps that the executor can take to preserve those assets.

    Who shares the property of the deceased?

    If a person dies without leaving a will, the law of the state where he or she lived at the time of death will control the distribution of his or her property. Each state has a set of laws that govern how a person’s property must be distributed when he or she dies without a will. These laws are called “intestate succession” laws. A state’s intestate succession laws will govern the distribution of an individual’s property when he or she dies without a will.

    What is probate?

    The probate process is the process of settling a decedent’s estate after death. This process includes gathering the decedent’s assets, paying the decedent’s debts and taxes, and distributing the remaining assets to the beneficiaries.

    What is an estate?

    The value of an estate is the net value of all the property of a person who has died. The gross value of an estate is the total value of all the property of a person who has died. Appraisers use the gross estate value to determine the cost of selling everything and dividing the proceeds among those who inherit.

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  • Can Heirs Force the Sale of Property in Texas?

    While the will may be perfectly clear about the ownership of property, it does not automatically follow that all is well for the surviving owners. This article discusses how heirs can force the sale of property.

    Can one sibling forced sale of inherited house? If a property is left in a will between several beneficiaries, is it legal for one beneficiary to refuse to sell the house? A surviving spouse or child can force a sale of property by bringing legal action against any dissenter. But if the property must be sold, each beneficiary is entitled to sell his or her share.

    Inheriting a House with Siblings

    Here are the steps to go through if all heirs do not agree to sell the property:

    1. The Probate Process: Rights of Heirs to Property

    The first step of the process is to go through probate. The executor of the will is responsible for filing the will with the court and for distributing the assets of the estate to the heirs. If there is no will, the court appoints an administrator. You need to go through probate, and you need the permission of the court and the siblings to sell the house. If the estate is small enough, you can ask the court to use the simplified probate process. Texas probate courts have simplified procedures that you may be able to use if the estate is small enough. If someone else has filed for probate, you need to go through probate court and you need the cooperation of all living heirs.

    2. The Property Appraisal: Can Property Be Sold?

    Homes and buildings can be extremely valuable. An appraisal is a professional’s opinion of the worth of your home or building, based on its market value. The best way to convince your siblings to sell the property is to get an outside appraiser to give you a dollar amount on the home or building. You can then split the wealth between each other and be done with the process.

    3. The Buyout Talk: Heirs Agree to Sell

    Your sibling’s share could be part of your inheritance. If you want to buy that share, go through the will to find out how much they own and whether or not they are willing to sell it. If not, ask them if they would be willing to let you cash out their stake after the sale. If your brother or sister owns part of the inheritance, you might be able to work out a deal where they sell it to you. Talk with them about how much of their share they want to cash out now, and buy it from them.

    4. The Partition Action: Executor Forces a Sale of Property

    A partition action is a legal proceeding in which a court orders the sale of a property. This is a major step that can be emotionally and financially difficult for a family. A partition lawsuit can happen when you share property with other people and do not agree on how to split the assets. A partition lawsuit is a legal process where a property is divided and sold, usually due to disagreement among owners. This process can be expensive and may not result in the outcome you desire. If you do not reach an agreement with the court on a buyout, then your property will be sold at auction. If you appeal, this could result in costly and damaging litigation for both parties.

    Do You Need a Probate Attorney to Settle an Estate in Austin?

    Our probate attorneys are skilled in probate administration and litigation, from the initial delivery of an accurate death certificate to the final distribution of all assets according to the court order. Hire an experienced probate lawyer in the Austin-Round Rock metro area or in the surrounding communities. Contact us on our homepage, and don’t forget to ask about our Free 30-minute probate attorney consultation.

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    Can a sibling force the sale of an inherited property?

    The answer to this question depends on the state in which the property is located. In some states, the surviving siblings have the right to force the sale of the inherited property. If you aren’t interested in keeping your parents’ money, it makes sense to sell. However, if you have siblings, you are going to need all of your knowledge about the market if you want them to join you in selling too.

    What happens if one person wants to sell a house and the other doesn’t?

    If you’re selling a house and your spouse, partner or any other co-owner doesn’t want to sell, this could be a serious problem. You should try to negotiate a buyout agreement with them so you can sell the property and move on. You can also file a lawsuit to compel your spouse, partner or any other co-owner to sell.

    What happens if one sibling doesn’t want to sell your house?

    If a parent owns a house and wants to leave it to her children when she dies, she can just leave it to them in her will. But what happens if the siblings don’t want to sell the house after the parent dies? The property could be held in a family trust or possibly a share of a company that owns the house.

    How to divide parents property?

    Parents are not obligated to leave their property to their children. In the absence of a will, the distribution of property is regulated by the law. There are many reasons why parents may not like to have their children inherit all of their property. If you do not have a will, the state will decide who gets your property after you die. You can set up a trust that distributes your property to another person instead of your children.

    How to divide inherited property between siblings?

    When someone dies without making a will, state law determines how their property will be divided, and their debts will be paid. For example, in some states, if there are no children or other relatives, the property is divided equally among the parents or siblings. When siblings inherit a deceased parent’s property, their desire to divide the property equally puts them in conflict with each other. The key is to figure out the deceased person’s intentions behind the distribution of his estate.

    The post Can Heirs Force the Sale of Property in Texas? appeared first on Austin Probate Attorney, Kreig LLC.

  • How Many Signatures Does a Will Need for Probate?

    A will allows you to choose how your estate is distributed after you pass away. You can also include instructions for things like guardianship of any children, funeral arrangements and burial instructions. Your will can be as simple or complex as you want, but in most cases you’ll need at least two competent witnesses to sign it. Probate is the legal process that transfers your assets to the people or organizations you name in your will. Get the facts about the probate process and how it affects your estate plan.

    Texas Probate Terminology

    Statute of Limitations, Texas Probate (Estates) Code: four years

    Writ of Error: a demand that a lower court provide a case record to an appellate court. This record can then be reviewed for supposed errors of law that occurred during a judicial proceeding.

    The Probate Case

    Douthit v. McLeroy, 539 S.W.2d 351 (Tex. 1976).

    Facts & Procedural History of the Probate Case

    Nola Mae Douthit applied to have the will of her deceased husband, Taylor Denney Barnett, admitted to probate. The couple’s daughters, Marjorie L. McLeroy and Bonnie F. Cooper, contested the will on the grounds that Mrs. Douthit had failed to submit her application prior to the expiration of the statute of limitations. The Texas Probate Code (later replaced by the Texas Estates Code) requires that the wills be offered to probate within four years of the testator’s death. The will did not contain the signatures of two witnesses as required by the Texas Probate Code. The witnesses signed a “self proving” affidavit, but not the will itself.

    The Probate Court found that the will had been properly executed and that the widow was not barred from presenting the will, despite her failure to meet the statute of limitations. The daughters subsequently appealed to the Court of Civil Appeals. The Court of Civil Appeals reversed, stating that the will had not been properly witnessed and was thus void. Mrs. Douthit appealed, and the Texas Supreme Court stated that section 59 of the Texas Probate Code requires that a will have two witness signatures, but that here the witnesses signed an affidavit rather than the will itself. Without the signatures, it was an error to admit the will to probate. The burden of proof regarding the will’s validity had been properly placed on the widow. Despite the failure of the contestants to plead invalidity and obtain a new trial, and even if the trial court had not erred, the issue of will validity was properly brought before the Court of Civil Appeals. The Supreme Court refused the writ of error and agreed with the judgment of the Court of Civil Appeals.

    The Takeaway

    Douthit v. McLeroy shows that, when seeking to admit a will to probate, the will must include two witness signatures. When improper attestation (admission of a will) is taken to the Court of Appeals, the burden of proof is placed upon the proponent (Mrs. Douthit).

    Do You Need a Probate Attorney to Settle an Estate in Austin, Texas?

    Our probate attorneys are skilled in probate administration and litigation, from the initial delivery of an accurate death certificate to the final distribution of all assets according to the court order. Hire an experienced probate lawyer in the Austin-Round Rock metro area or in the surrounding communities. Contact us on our homepage, and don’t forget to ask about our Free 30-minute probate attorney consultation.

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    How many signatures do you need on a will UK?

    It is advisable to sign any will in any jurisdiction to make it valid. The reason for this is that a will can be contested if it is not signed and there is no clear evidence that the deceased intended to dispose of their estate in the way they have done.

    Will signed by two witnesses?

    A will is a legal document where you can list your last wishes so that your property and belongings go to the right people after you die. A will is legally binding if it meets the legal requirements of your state. The best way to make sure your will is legally binding and that your assets are distributed as you intended is to have it signed by two witnesses. This will make it much harder for someone to challenge your will after you die.

    Is a notarized will legally binding?

    In the case of a will, it’s only legally binding if it meets the legal requirements of your state. State law determines the legal validity of a will. The requirements for a valid will vary from state to state. These requirements ensure that your will is binding, and that your intentions are followed after your death. To make sure you’re eligible to write a valid will, contact an attorney in your area.

    Who can witness a will?

    A will is a legal document that states how you would like your estate to be distributed after you pass away. If you die without a will, your estate will pass to your next of kin by the laws of intestacy. Two witnesses are required to witness your will in order for it to be valid. There is usually a will ceremony as part of a valid will requirements.

    A handwritten will is a legal will in the state of Texas. A handwritten will is also known as a holographic will. A handwritten will can be written by you. This legal document is filed in the court of your residence. The handwritten will does not need to be witnessed or notarized, but it does need to be signed by you and two other people who are present when you sign the document. The holographic will is filled out in the same way as a formal typed document. A holographic will does not need to be typed or printed and can be written on anything that can be written on including a napkin, receipt, and even scrap pieces of paper.

    What happens if a will is signed but not witnessed?

    If you do not have two witnesses when you sign your will, it is not valid. You should sign your will in the presence of two witnesses. To prove your will is valid, you must provide the names of two witnesses who also signed it.

    The post How Many Signatures Does a Will Need for Probate? appeared first on Austin Probate Attorney, Kreig LLC.

  • Is Settling an Estate in Probate Difficult?

    Introduction

    This article is for people who want to know more about settling an estate in probate. Is settling an estate in probate difficult? When a person dies, the deceased’s assets are handed off to whomever is listed in the will. If there is no will, however, then the estate becomes part of probate court. If you are the only heir and there isn’t much in the way of assets, things aren’t that complicated. So for small estates, probate might be easier than you think. But in other situations, it can be very difficult, especially if people fail to plan.

    Trust: What Is It and How Does it Work?

    A trust is a legal arrangement where one person (the trustee) holds property for another (the beneficiary). The trustee has a legal duty to look after the beneficiary’s interests, and to use the trust property in accordance with their wishes. A trust allows the beneficiary to benefit from the property without having either legal or physical control of it. The beneficiary has a right to the property, and can have this enforced through the courts if necessary.

    Will and testament

    A will is a handwritten or typed document which sets out how you would like your estate to be dealt with after your death. Writing a will is one of the easiest and most important things you can do to protect your family. A will is a very important part of your estate planning. Wills are legally binding documents that give instructions on what happens to your assets and possessions, who should look after your children if you die, and how they should be raised.

    Settle Estate in Probate

    If you are the executor or administrator of an estate, you’re responsible for settling the deceased’s affairs and distributing the estate assets. Whether the deceased had a will or not, you’ll need to open a probate case with the probate court. If the deceased left a will, you must work quickly because there is a time limit for contesting it. You may be able to avoid probate by transferring assets directly to the deceased’s beneficiaries or heirs. You should discuss this with your lawyer and the executor or administrator of the estate (if appointed).

    What is Probate?

    Probate is the legal process that allows a deceased person’s property to be distributed according to the terms of their will. If you are named as the executor in a will, probate can be a complicated process to navigate. When a loved one passes away, it can be an emotional and confusing time. It’s important that you understand the process and your options for distributing the assets of your loved one’s estate.

    How long does it take settle an estate in probate?

    The length of probate administration depends on a number of factors including the size of the estate and the existence of any unforeseen circumstances. The time to settle an estate can vary greatly depending on the probate court and the complexity of the probate case. Simple probate administration can take four to six months, but probate litigation in a contested matter can take between nine and 18 months.

    Conclusion

    Settling an estate in probate can be difficult, especially if there is no will or if there are multiple heirs. If you are the only heir and there is not much in the way of assets, probate might be easier than you think. The best way to avoid the difficulties when settling an estate in probate is to draft a will correctly. Whether you are the executor of the estate or a family member, dealing with your loved one’s affairs can be stressful. Hopefully, these tips for settling an estate in probate offers some direction.

    Do You Need a Probate Attorney to Settle an Estate in Austin, Texas?

    Probate attorneys are skilled in estate and trust administration, from the initial delivery of an accurate death certificate to the final distribution of all assets according to the court order. Hire an experienced probate lawyer in the Austin-Round Rock metro area or in the surrounding communities. Contact us on our homepage, and don’t forget to ask about our Free 30-minute probate attorney consultation.

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    How much does an estate have to be worth to go to probate?

    There is no set value and there are other factors that affect how much an estate has to be worth to go to probate. If you are the executor of a deceased person’s estate, the legal responsibility is notifying the court that an estate exists and making sure that it is properly administered.

    What is probate court?

    Probate, also called settlement of an estate, is the legal process by which a deceased person’s property is administered and distributed. Probate court is a court that has the legal authority to settle the estate of a person who has died. The court oversees the distribution of the deceased person’s property to the beneficiaries named in his or her will.

    Where do you file a will?

    When a person dies, the executor of their estate (or someone appointed by the court) files a will with the local probate court in the county where they resided. The will is then “probated” which means that it’s validated to be valid. An inventory of assets and debts is prepared, and a petition for distribution of assets may be filed as well. After final tax bills are paid, any remaining estate property is distributed to beneficiaries according to the terms of the will.

    The post Is Settling an Estate in Probate Difficult? appeared first on Austin Probate Attorney, Kreig LLC.

  • What to Do If a Probate Lawyer Presents Excluded Evidence to a Jury

    A jury is a sworn body of citizens convened to render an impartial verdict (i.e. decision) based on the evidence presented before it. A jury has both the power to acquit (not guilty) on a charge, and also to convict (guilty). In civil cases, the equivalent is to find the defendant liable or not liable. The U.S. Constitution guarantees the right to a jury trial in all criminal and civil cases. This article explains in layman’s terms what is meant by “excluded evidence” and what to do when it is excluded from a jury.

    Burdick v. York Oil Co., 364 S.W.2d 766 (Tex.Civ.App. – San Antonio 1963, writ ref’d n.r.e.)

    Admissibility

    The evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice to any party.

    Inadmissible Evidence

    The judge may decide that the evidence is inadmissible. This means that the jury will not be allowed to hear the evidence.

    Rules of Evidence

    In common law legal systems, evidence is divided into two types: admissible evidence and inadmissible evidence. Evidence that is not admissible cannot be used against the defendant. In Texas trials, both sides are allowed to ask the court for certain evidence to be excluded from the jury. This is called “exclusion of evidence”. A motion in limine is used to exclude evidence that a party anticipates will be presented to the court and may be prejudicial to a defendant.

    Facts & Procedural History

    Hope A. Burdick (Plaintiff) was in a car accident where the driver of York Oil Company (Defendant) ran into the rear end of Plaintiff’s car, causing her to experience neck injuries. The trial court ruled for the Defendant, and the Plaintiff appealed.

    The Plaintiff’s main argument was that the defense included improper subjects into the jury trial. Prior to the trial court hearing evidence, Plaintiff motioned for the exclusion of evidence in Veteran Administration (VA) Records, which the trial court obliged because Defendants failed to overcome the requirements of the federal statute. However, the defense counsel questioned the Plaintiff about the VA records and repeatedly attacked the privilege by accusing Plaintiff of hiding information from the jury, which destroyed the privilege’s protection.

    To justify their conduct, Defendant’s counsel stated that Plaintiff’s counsel engaged in inappropriate conduct (incorrectly stating Defendant had been threatened with jail time in Houston and by comparing the defendant’s counsel’s tactics to Kruschev). The Court of Appeals condemned the remarks, but it said that such remarks did not remedy the record. The Court reversed and remanded the judgment of the trial court, holding that the presentation of lawfully excluded material to a jury is an error that the court must instruct the jury to disregard. The judge must enforce his/her rulings and impose consequences when they are violated.

    Main Considerations

    What happens when lawfully excluded evidence is presented before a jury? When a court has ruled to exclude anticipated evidence, the evidence should not be offered again before a jury. So long as the judge permits him/her to do so, counsel that disagrees with the ruling may state their rationale for they disagree. After the ruling, the presentation of such excluded evidence (either by suggestion, direction, or the rewording of a question) before a jury violates the counsel’s duty before a court and its associated professional standards.

    Takeaway

    Burdick v. York Oil Co. shows that the disregard of a party’s counsel to adhere to a court ruling to exclude evidence will not be tolerated. Once the privilege has been invoked, the claimant should not be required to further justify their request to utilize the privilege before a jury. When errors in the record occur, the judge must enforce his/her rulings.

    Do you need a lawyer for probate litigation in Texas? How much do probate attorneys cost in Austin?

    Hire an Experienced Probate Attorney in Austin/Round Rock. Do you need help with a probate matter in the Austin-metro area or the surrounding communities? We are experienced probate lawyers who represent clients with sensitive probate matters, including complex probate litigation. If so, please visit our homepage to see how we can help.

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    How do you make evidence inadmissible?

    There are a number of ways in which evidence can be made inadmissible. This can be done by striking out a witness’s statement, or by the judge’s exclusion of the evidence.

    What evidence or evidences are not admissible in court?

    Evidence is not admissible in court when it fails to meet one or more of the tests of admissibility.

    Why is evidence excluded?

    There are two types of evidence that may be excluded from a jury’s consideration. First, evidence may be inadmissible because it is irrelevant to the case. Second, evidence may be inadmissible because it is unfairly prejudicial or inflammatory.

    What does admissible in court mean?

    Evidence may be admissible in court if it is both relevant and reliable. If it is relevant it must have a tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

    What is an impartial jury?

    The jury is a group of people who listen to the facts of a case and decide whether a person is liable in a civil case or guilty in a criminal case. The purpose of a jury is to decide whether the defendant is responsible for damages or committed the crime and, if so, what the appropriate remedy or punishment should be. Only evidence that is relevant and admissible can be considered by the jury.

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