Introduction Adding class descriptions to a Texas will can create class gifts, which can be a great way to divide up your estate among your loved ones. However, it’s important to understand how this works before you make any decisions. In this blog post, we’ll take a look at how adding class descriptions to a…
Tag: Probate Articles
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…
Are You an “Interested Party” If You Already Received Benefits from a Will ?
Legal Terminology In Limine hearing: A procedure that allows parties to exclude evidence from a jury Uninterested persons: Anyone who has a property right or claim against the estate being administered Probate Law Case Sheffield v. Scott, 620 S.W.2d 691, 693 (Tex. App. — Houston [14th Dist.] 1981, writ ref’d n.r.e.) Facts and Procedural History…
How to Inherit Life Insurance in Texas
Introduction Inheriting life insurance in Texas is a process that requires some understanding of the law. It can be confusing, but it’s important to know what to do if you are the beneficiary of a life insurance policy. In this blog post, we will walk you through the process of inheriting life insurance in Texas.…
Must an Inference Be Supported by Evidence?
An inference is an educated guess. When you draw an inference or conclusion based on the evidence, there’s a reason you come to that conclusion and that reason likely comes from the evidence presented within the text. Inferences may be made based on evidence, but an inference itself is not evidence. Can a lawyer in…
What is a Texas Affidavit of Heirship?
A Texas affidavit of heirship is a legal document that declares someone as the heir to an estate. This document can be used when there is no living blood relative who can inherit the estate. The person who signs the affidavit is called the “heir representative.” What is an affidavit of heirship? An affidavit of…
Inherited Retirement Accounts: The Basics
If you’re like most people, you probably don’t think too much about what would happen to your retirement account if you died. But it’s actually a pretty important question, especially if you live in Texas. In Texas, inherited retirement accounts are subject to some pretty strict rules. For example, if you die before you’ve reached…
Will a Court Accept “I Didn’t Know” as an Excuse for Not Complying with Probate Deadlines?
Probate is a court process that kicks in when someone dies. As this case shows, if you are a potential executor of a will and don’t file for probate within the allotted time, you might not get a second chance. Terminology Holographic Will: A holographic will is a will that is entirely handwritten and signed…
To Whom Do Executors Owe a Fiduciary Duty?
Negligence and Fiduciary Duty A fiduciary is a person who holds a legal or ethical relationship of trust with another party. If a person is a fiduciary, they have what is called a fiduciary duty to that party. A fiduciary duty can exist in several special relationships or circumstances and the type of duty that…