Drafting a will is an important step for any Texas resident, as it helps to ensure that your estate and assets are distributed according to your wishes after you pass away. But what happens if your will is inconsistent with itself? In this blog post, we will explore the implications of an inconsistent or ambiguous…
Tag: estate planning
How Do I Find a Will?
When someone passes away, it is important to determine whether they had a valid will in place. This can be accomplished through a careful search for the document. If a will is located, it will guide the distribution of the decedent’s assets in accordance with their wishes. If no will is found, it may be…
How Do I Locate a Will?
Have you ever wondered how to locate a will? While it may seem like a daunting task, it is an important step when trying to figure out what the deceased wanted. This can be especially true if you are an heir or executor of a will. In this blog post, we’ll explore what to do…
What Should I Look for in a Personal Representative?
Texas state law mandates that for any probate matter, a personal representative must be appointed in order to represent the estate of the deceased. But what exactly does that mean? How can one determine who is capable and eligible to be the personal representative? And what qualities do they need to possess in order to…
Are Life Insurance Proceeds Taxable?
Section 101 of the Internal Revenue Code generally provides that the proceeds from a life insurance policy are generally tax-free to the recipient if the recipient is the beneficiary of the policy and is receiving the proceeds as a result of the death of the insured. There are some exceptions to this general rule. For…
When Can a Will Be Legally Revoked?
In the Texas case of In re Estate of Capps, the court was faced with the question of whether the decedent’s will had been revoked. According to Texas law, a will can be revoked either by physically destroying it, by making a new will that revokes the old one, or by making a statement indicating…
Can I Challenge the Court Appointment of an Independent Executor?
In the Texas case of In re Estate of Crenshaw, the court was faced with a hearing on the disqualification of an independent executor under section 78 of the Texas Probate Code [now the Texas Estates Code]. At issue in the case was whether an order appointing an independent executor was appealable to a higher…
New Texas Laws in Effect 2023
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…
Can Courts Alter Wills?
One of the key principles of wills and trusts law is that a will should be given effect as written, unless it is shown that the will was procured by fraud, duress, or undue influence. This principle, known as the “rule against perpetuities,” is based on the idea that a person’s wishes should be respected…