If you are involved in a probate matter in Texas, it is important to be aware of the restricted appeal process. This process can limit your ability to challenge certain decisions made by the court, so it is important to understand how it works before you find yourself in that situation. This case helps shed…
Tag: Information
Can a Holographic Will Be In Someone Else’s Handwriting?
A holographic will is a handwritten will that is not witnessed. The testator, the person who made the will, must write, date, and sign the entire will. This type of will is valid in any state, including the state of Texas. However, as with most wills, it must be proven to be your will and…
Can a Lost Will Be Admitted to Probate?
What If You Can’t Find the Will? The Texas probate process works best when the will is available for review. If a will can’t be found, for example, because it was destroyed in a fire or accident, or a dead person’s family can’t find it, the process is a lot more complicated. But can a…
Is It Good Enough to Initial a Will in Texas?
Last Will and Testament Requirements in Texas You might think that as long as you have a will, your estate will be distributed the way you want it to be. But if you don’t have a valid will in Texas, your estate will be distributed according to the laws of intestacy. It’s established law in…
Can an Insurance Claim File Be Attorney-Client Privileged?
An insurance claim file can be attorney-client privileged. The attorney-client privilege is a legal principle that protects communications between attorneys and their clients from being disclosed in court. The insurance claim file is sometimes considered to be part of the attorney-client relationship if it contains confidential information about the case. The following case gives us…
Is Income from a Trust Considered Community Property?
If you’re considering an income trust, there are a few things you should know about community property. This case gives some information on what you need to know about this type of trust and how it can benefit you. Legal Case Cleaver v. George Staton Co., 908 S.W.2d 468 (Tex. App. 1995) Parties Cleaver: Appellant…
Who Can Secure a Decedent’s Property?
When a person dies, his or her estate is the collection of the person’s assets at the time of death. The estate is managed by an executor, who is responsible for paying any debts and taxes owed by the deceased, as well as distributing the remaining assets according to the will. If you are the…
Can Heirs Force the Sale of Property in Texas?
While the will may be perfectly clear about the ownership of property, it does not automatically follow that all is well for the surviving owners. This article discusses how heirs can force the sale of property. Can one sibling forced sale of inherited house? If a property is left in a will between several beneficiaries,…
How Many Signatures Does a Will Need for Probate?
A will allows you to choose how your estate is distributed after you pass away. You can also include instructions for things like guardianship of any children, funeral arrangements and burial instructions. Your will can be as simple or complex as you want, but in most cases you’ll need at least two competent witnesses to…