In order to understand if evidence of past misconduct can be used as evidence of undue influence, it is first important to understand what undue influence is. Undue influence is defined as “excessive pressure on a person that causes that person to act or refrain from acting in a way that is not free from […]
The post Can evidence of past misconduct toward an estate be used to prove undue influence? appeared first on Austin Probate Attorneys.
Probate is the legal process of distributing a person’s assets after they die. In Texas, if a person dies without a will, their assets will go through probate court. The court will appoint an executor to oversee the estate and distribute the assets to the heirs according to state law. One of the questions that […]
The post What Is a Family Allowance? appeared first on Houston Probate Attorneys.
Dealing with the death of a loved one is an incredibly emotional time. Because it is so sensitive, there are legal remedies that allow members of a decedent’s family to recover for monetary damages if matters are not dealt with properly. One of the remedies is for negligent infliction of mental anguish. What is this? […]
The post What If Someone Removes Organs from a Deceased Family Member without Permission? appeared first on Dallas Probate Attorneys.
Have you ever wondered if someone can inherit from an estate if they kill their spouse? This is what is commonly called the “Slayer Rule”. In this blog post, we will explore the realities of the law in Texas. What is a will? In Texas, a will is a legal document that outlines how you […]
The post Can You Benefit from a Will If You Murder your Spouse? The Texas Slayer Rule appeared first on San Antonio Probate Attorneys.
Introduction A will is a legal document that dictates what happens to your possessions and assets after you die. In Texas, a will must be in writing and signed by two witnesses, as well as the person making the will (the “testator”). The witnesses cannot be related to the testator by blood or marriage. There […]
The post Does a Letter to Your Attorney Count as a Change to Your Will? appeared first on Dallas Probate Attorneys.
Introduction A living trust is a legal arrangement in which you, the grantor, transfer property to a trustee. The trustee then manages the property for the benefit of a named beneficiary or beneficiaries. Living trusts are created during the grantor’s lifetime and can be revocable or irrevocable. Texas has specific laws governing living trusts, so […]
The post 8 Things to Know about Living Trusts in Texas appeared first on San Antonio Probate Attorneys.
Introduction A special needs trust is a type of trust fund established to provide supplemental financial support for a disabled individual, without jeopardizing their eligibility for government benefits. If you’re the parent or guardian of a disabled individual in Texas, setting up a special needs trust may be something you’ve considered in order to provide […]
The post What Is a Special Needs Trust? appeared first on Austin Probate Attorneys.
Introduction Proving the adopted status of a family member in Texas can be difficult if you don’t have the right documentation. Learn what you need to know in this blog post. The Importance of Proving Adopted Status When an individual in Texas wants to adopt a family member, they must first prove their status as […]
The post How Do You Prove the Adopted Status of a Family Member in Texas? appeared first on San Antonio Probate Attorneys.
Introduction A constructive trust is an equitable remedy imposed by a court to prevent one party from unjustly enriching themselves at the expense of another. It can be used to rectify many different types of situations, such as when someone uses fraud or duress to obtain property. In Texas, a constructive trust does not have […]
The post Does a Constructive Trust Have to Be in Writing? appeared first on Austin Probate Attorneys.