Introduction In Texas, a power of attorney (POA) is a legal document that grants someone else the authority to act on your behalf. This can be for financial or medical decisions, and is often used if the person named in the POA is unable to make decisions for themselves. But what happens to a POA…
Tag: probate administration
What Is a Special Needs Trust?
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…
How to File a Small Estate Affidavit in Texas
Introduction The process of probate can be a long and complicated one, especially if the estate in question is large. But what if the estate is small? In Texas, there is a process known as a small estate affidavit that can be used in these cases. In this blog post, we will walk you through…
Does Separate Property Acquired in One State Count as Community Property in Texas?
Introduction When it comes to probate, property division can be a complex and contentious issue. If you and your spouse own property in more than one state, the question of which state’s laws will govern the division of that property can become even more complicated. In this blog post, we will explore the concept of…
Can Making an “X” on a Signature Line Validate a Will?
Introduction: Legal requirements Can making an “X” on a signature line in a will validate the document? The simple answer is: maybe. In Texas, a will must be in writing and signed by the testator (the person making the will) in order to be valid. However, there is no specific requirement as to how the…
Does a Constructive Trust Have to Be in Writing?
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…
Can You Change a Will in Texas After You Sign It?
Introduction You’ve finally done it. After months of planning and preparation, you have executed your will. But what happens if you need to make a change? Can you simply cross something out and initial it? What if you want to add or delete a beneficiary? The law surrounding wills is complex, and it varies from…
Can a Signature Be on a Different Page than the Will?
Introduction If you’re considering a will in Texas, you might be wondering about the signature requirements. Can a signature be on a different page than the will itself? In this blog post, we’ll explore this question and what you need to know if you’re considering a will in Texas. Last will and testament Texas In…
An Overview of Texas Probate Law
Introduction to Probate Law When a person dies, their assets must go through probate before they can be distributed to the beneficiaries. Probate is the legal process of distributing a person’s assets after they die. If the deceased person had a will, the probate court will follow the instructions in the will. If the deceased…