In Texas, as in other states, a testator – the person who made the will – must be of “sound mind” to make a valid will. This means that the testator must understand that he or she is making a will, knows the natural objects of his or her bounty, and understand the disposition he…
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What does it mean to die “intestate” in Texas?
If a person dies without having made a will in Texas, they are said to have died “intestate.” This can have a few different effects on the distribution of their estate. In general, if you die intestate in Texas, your assets will go to your spouse and children first. If you have neither of these,…
Do You Have to Give Notice to a Decedent’s Creditors?
We all know that creditors can be a nuisance when someone dies owing them money. But what you may not know is that, in Texas, there are specific laws regarding how to handle a decedent’s creditors. If you’re the executor of an estate in Texas, it’s important to understand your obligations when it comes to…
What Is the Anti-Lapse Statute?
If you live in Texas, you may have heard of the anti-lapse statute. This law is designed to protect the property rights of beneficiaries who are named in a will. Under the statute, if a beneficiary dies before the will-maker, their interest in the estate will not lapse. Instead, their interest will go to their…
Does a Power of Attorney End at Death?
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…
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…
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…
Why Does My Will Have to Go Through Probate?
Introduction After you die, your will has to go through the probate process in order to be executed. Probate is the legal process of validating a will and distributing a person’s assets after they die. If you live in Texas, you may be wondering why your will has to go through probate. After all, it…
Alternatives to Probate: Order of No Administration
The “order of no administration” is one of the alternatives to a full probate. It is used when the estate has some assets, but the award of a family allowance would exceed the value of the assets. Since the family allowance is paid before nearly all other claims to the estate assets, there is no…