Introduction: Should You Have a Texas Will? If you die without a will in Texas, your assets will go to your closest relatives according to state law. This may not be what you want. A will lets you decide who gets your assets when you die. A will is a legal document that says how…
Tag: estate planning
Is Your Texas Will Invalid?
When Is a Texas Last Will and Testament Invalid? After someone dies, their will is often one of the first things that needs to be dealt with. But what happens when a will is invalid? In Texas, there are a few different circumstances that can render a will null and void. Learn more about what…
What Is a Texas Transfer on Death Deed?
A Texas Transfer on Death Deed is a way to transfer real property to someone else upon your death without going through probate. The deed must be properly signed and notarized, and it must be filed with the county clerk in the county where the property is located. What is a Texas Transfer on Death…
Inherited Retirement Accounts: The Basics
If you’re like most people, you probably don’t think too much about what would happen to your retirement account if you died. But it’s actually a pretty important question, especially if you live in Texas. In Texas, inherited retirement accounts are subject to some pretty strict rules. For example, if you die before you’ve reached…
9 Records to Locate after the Death of a Loved One
When a family member passes away, it can be difficult to know what type of records they had in their possession. You usually need this information before you start planning a probate administration. If you don’t know where to begin, take a look at the list below for some guidance on what you should look…
To Whom Do Executors Owe a Fiduciary Duty?
Negligence and Fiduciary Duty A fiduciary is a person who holds a legal or ethical relationship of trust with another party. If a person is a fiduciary, they have what is called a fiduciary duty to that party. A fiduciary duty can exist in several special relationships or circumstances and the type of duty that…
Are Statements of a Testator Presumed True in Texas Probate?
Legal Terminology Self-proved will laws A will that can be validated without the use of a probate court. Such a will usually requires the presence of witnesses who attest to the will’s validity. Presumption of Continuity When no circumstances exist that suggest a will lacks validity or has been revoked, the burden shifts from a…
Can a Beneficiary in Prison Receive an Inheritance?
Introduction If you are the beneficiary of an inheritance but are currently incarcerated, you may be wondering if you can still receive your inheritance. The answer depends on the state in which you are incarcerated and the type of inheritance you are receiving. Read on to find out more about how to receive an inheritance…
How to Deal with Debt Collectors in Independent Probate Administrations in Texas
Introduction If you are an executor or administrator of an estate in Texas, you may be wondering what to do about debt collectors. After all, the last thing you want is for the estate to be hounded by creditors. Read on to find out more about how to deal with debt collectors in independent probate…