Probate law can be complex, particularly when a loved one passes away without leaving a will. In this case study, we explore the legal process for probating an estate without a will. We also consider the challenges that arise when the family members live in another state and provide practical advice on how to navigate…
Tag: estate planning
Case Study on Texas Probate Law: When an Estate Is without a Will
Here is a Case Study from our firm’s files on Texas probate law. All information has been sanitized. Background Information Mr. Smith’s wife passed away from stage 4 cancer. She was retired military and receiving disability benefits from the Veterans Administration. Mrs. Smith had no will, and some checks made out to her estate have…
What to Do When Your Parent Passes Away Without a Will in Texas
Losing a loved one is never easy, and the process can become even more complicated when the deceased has not left a will. When this someone passes away without a will in Texas, the assets of the deceased will be distributed according to the intestacy laws of Texas. These laws can be complex, and if…
Overlooked Exceptions to Attorney-Client Privilege in Texas Probate Law
In the world of Texas probate law, attorneys play an essential role in advising clients on how to manage the affairs of a loved one who has passed away. Attorneys rely on the attorney-client privilege to maintain the confidentiality of communications with their clients, but this privilege is not absolute. There are several exceptions to…
Challenging a Will in Texas: A Case Study
The probate process can be a complex and emotional time for families, especially when the validity of a will is called into question. In Texas, the validity of a will can be challenged on several grounds, including fraud, undue influence, duress, and lack of capacity. In this article, we will examine a case study involving…
Guardianship Responsibilities Under Texas Probate Law
Texas Probate Law provides a legal framework for individuals to apply for guardianship responsibilities over another person who is unable to make their own decisions due to incapacity, such as dementia. However, becoming a guardian also comes with certain responsibilities and consequences if those responsibilities are not fulfilled. In this article, we will examine the…
The Complexities of Texas Probate: Navigating the Paradox of Deceased Borrowers for Mortgage Lenders
The rise in the aging population has resulted in an increase of deceased borrowers in Texas, leaving behind a complicated situation for both their families and mortgage lenders. The mortgage loan becomes due and payable in full, even if the estate cannot cover the remaining balance. This can lead to probate proceedings and a struggle…
Texas Probate Law: A Case Study on the Distribution of a Deceased Estate
Losing a loved one is never easy, and the process of settling their estate can be complicated and emotionally taxing. This is especially true when disagreements arise between the beneficiaries of the estate. In this blog post, we will explore a case study of a common scenario faced by many families in Texas, and provide…
Navigating Joint Power of Attorney in Texas Probate Law
The use of durable powers of attorney is a common practice in Texas, allowing individuals to appoint agents to manage their financial affairs in the event they become incapacitated. However, when it comes to joint powers of attorney, financial institutions may be hesitant to honor the document. In this blog post, we will examine the…