Section 101 of the Internal Revenue Code generally provides that the proceeds from a life insurance policy are generally tax-free to the recipient if the recipient is the beneficiary of the policy and is receiving the proceeds as a result of the death of the insured. There are some exceptions to this general rule. For…
Tag: probate administration
When Can a Will Be Legally Revoked?
In the Texas case of In re Estate of Capps, the court was faced with the question of whether the decedent’s will had been revoked.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…
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…
Do You Have to Hire a Probate Attorney in Texas?
Hiring a probate attorney in Texas is generally necessary when administering a probate estate. This is due to a combination of Texas law, which requires representation of the interests of beneficiaries and creditors, and the complexity of the state’s probate laws. In Texas, individuals have the right to represent themselves in legal proceedings, but this…
Texas Probate Case Law: Free and Voluntary Act
The probate process in Texas is often long and complicated. It can involve many steps, most of which are unfamiliar to the average person. One of the most important steps in the process is the free and voluntary act. This step is so important that it has its own section in the Texas Estates Code.…
Top 5 Things to Look for in a Texas Probate Attorney
When it comes to selecting a Texas probate attorney, there are many things to consider. Probate is the legal process of administering an estate after someone passes away and involves complex and detailed work. You need an attorney who understands your needs, is knowledgeable about Texas law and has the experience necessary to handle your…
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…