When a loved one passes away, their assets must be distributed to their beneficiaries. This process is known as probate and it can be a complicated and confusing process. In this article, we will explore the probate process in Texas and how it applies to the estate of Mrs. T and Inherited Jewelry in Probate.…
Tag: probate dispute
When Distributions Aren’t Made According to the Will
This is a Case Study analysis on the facts of Patrick v. Patrick, 182 S.W.3d 433 (Tex. App. – Austin 2005, no pet.), as if it were to be decided today. It is not an analysis of the court’s holding in this case. Introduction Probate law governs the distribution of a deceased person’s assets. In…
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…
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…
Fighting Among Relatives, No Will, and Other Things That Can Hold Up Your Texas Probate
No one likes to think about what will happen after they die, but it’s important to have a plan in place. If you don’t, your loved ones may have to deal with a lot of complications. One of the biggest problems they might face is probate. Probate is the legal process of distributing a person’s…
What If Someone Removes Organs from a Deceased Family Member without Permission?
Dealing with the death of a loved one is an incredibly emotional time. Because it is so sensitive, there are legal remedies that allow members of a decedent’s family to recover for monetary damages if matters are not dealt with properly. One of the remedies is for negligent infliction of mental anguish. What is this?…
Does a Letter to Your Attorney Count as a Change to Your Will?
Introduction A will is a legal document that dictates what happens to your possessions and assets after you die. In Texas, a will must be in writing and signed by two witnesses, as well as the person making the will (the “testator”). The witnesses cannot be related to the testator by blood or marriage. There…
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…
Who Has the Burden of Proof in a Will Contest?
Introduction Probate is the legal process of validating a will and distributing a deceased person’s assets to their beneficiaries. In Texas, if someone dies with a valid will, their estate will generally go through probate. However, there are some exceptions. For example, if the estate is small or if all of the assets are held…