In Texas, the probate process is governed by the Texas Probate Code. When a person passes away, their assets and liabilities are gathered, and their debts are paid off before distributing the remaining assets to the beneficiaries. One of the most crucial documents in the probate process is the last will and testament of the…
Tag: probate law
Guardianship Responsibilities Under Texas Probate Law
Texas Probate Law provides a legal framework for individuals to apply for guardianship responsibilities over another person who is unable to make their own decisions due to incapacity, such as dementia. However, becoming a guardian also comes with certain responsibilities and consequences if those responsibilities are not fulfilled. In this article, we will examine the…
Disputing Inheritance Rights: A Case Study in Texas Probate Law
This is a case study based on the facts of of the actual case, Rogers v. Carter, 385 S.W.2.d 563 (1964), if it were decided today. In this regard, it is a hypothetical legal analysis and not an analysis of the court’s actual holding. Introduction In this case, the dispute is over the rights to…
The Importance of Updating a Will: A Texas Family’s Story
Probate law can be a complex and daunting process, especially when it comes to distributing the assets of a deceased person. In this blog post, we will take a closer look at a case study involving Texas probate law, and the specific challenges that arise when a will is overwritten by a codicil. We will…
How Long Must a Beneficiary to a Texas Will Wait to Get Property?
When a loved one passes away, it can be a difficult and emotional time for their family and friends. One of the things that can add to the stress of this situation is the uncertainty surrounding the distribution of the deceased’s assets. Beneficiaries of a will in Texas must wait for the probate process to…
What If a Texas Will Is Inconsistent with Itself?
Drafting a will is an important step for any Texas resident, as it helps to ensure that your estate and assets are distributed according to your wishes after you pass away. But what happens if your will is inconsistent with itself? In this blog post, we will explore the implications of an inconsistent or ambiguous…
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…
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.…
10 Common Questions About the Texas Probate Process
The probate process in Texas can be extremely daunting and confusing if you are unfamiliar with it. With all the legal paperwork and court proceedings, it’s easy to get lost in the shuffle. In this article, we aim to answer some of the most common questions about the Texas probate process to give those who…