In the Texas case of In re Estate of Capps, the court was faced with the question of whether the decedent’s will had been revoked.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…
Tag: estate planning
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…
Does a Complex Estate Plan Mean a Lengthy Legal Battle?
Estate planning can be a contentious issue, especially when it comes to siblings. A recent article in the Houston Chronicle highlights the story of a man whose parents had a complex estate plan that led to a lengthy legal battle between him and his siblings. The man’s parents had owned a successful business and had…
How Do I Get a Guardianship in San Antonio?
Obtaining a guardianship in San Antonio, Texas can be a complex legal process. It involves petitioning the court to appoint you as the legal guardian of another person, known as the “ward.” This can be necessary when the ward is unable to make decisions for themselves due to age, disability, or some other circumstance. The…
How to prove an equitable adoption took place in Texas?
Adopting a child is a life-altering experience, and it’s no different in Texas. But the Lone Star State has some unique laws when it comes to adoption that you should be aware of if you’re planning on going through with the process. In this blog post, we’ll discuss one of those laws in particular: how…
5 Things to Include in Your Texas Will
So, you want to plan for the future with a Texas will? Whether you’re drafting a new one or updating an existing one, there are certain things you should know and make sure to include. Without further ado, let us discuss five of the most important factors to include in your Texas will. From how…
Completing a Texas Transfer-on-Death Deed
A transfer-on-death (TOD) deed, commonly known as a beneficiary deed, is an important tool in Texas estate planning. It allows you to transfer ownership of certain types of property upon your death to someone else without going through the probate process. The TOD deed has become increasingly popular in recent years due to its simplicity…