The loss of a loved one is a tragedy that befalls us all, leaving us bereft and disheartened. In these trying times, the last thing one desires is the confusion that follows in the transfer of a loved one’s assets. However, if your loved one was the owner of real property in the great state…
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Unprobated IRAs: A Texas Probate Law Case Study
When a loved one passes away, it can be a difficult and overwhelming time for surviving family members. One of the tasks that often needs to be addressed is the distribution of the decedent’s assets. In Texas, if a person dies with a will, the will must be probated in order for the assets to…
What Is the Correct Standard of Review on a Probate Appeal?
When a person passes away, their assets and property must be distributed according to their will or, if they did not leave a will, according to state law. This process is known as probate. In Texas, probate proceedings take place in the probate court, and any disputes that arise during the process can be appealed…
What is the most important thing for a Texas executor to remember?
As the executor of a will in Texas, it is important to understand and fulfill your legal obligations and responsibilities in accordance with the laws of the state and the terms of the deceased person’s will. The role of the executor is to manage the deceased person’s assets, pay debts and taxes, and distribute the…
Standards for Appointing a Guardian in Texas
In Texas, the appointment of a guardian is a legal process that is governed by the Texas Probate Code. The primary goal of this process is to ensure that the best interests of the person who is unable to care for themselves, known as the “ward,” are protected. The appointment of a guardian is often…
Jurisdiction and Venue in Texas Probate Courts
Jurisdiction and venue are two important concepts in the field of probate law, and they are particularly relevant to the probate courts of Texas. In this article, we will take a closer look at what these terms mean, and how they affect the probate process in Texas. Jurisdiction Jurisdiction refers to the authority of a…
How Do I Find a Will?
When someone passes away, it is important to determine whether they had a valid will in place. This can be accomplished through a careful search for the document. If a will is located, it will guide the distribution of the decedent’s assets in accordance with their wishes. If no will is found, it may be…
Are Life Insurance Proceeds Taxable?
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…
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…