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…
Tag: austin probate
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…
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…
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…
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…
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,…
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…
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.…
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.…