The IRS has announced that it will be increasing the estate and gift tax exclusions for 2023. This means that more money can be passed on to heirs without being subject to taxes. For those who are planning their estates, this is good news. However, it also means that more people will be subject to…
Tag: probate law
Are Claims for Inheritance in Texas Probate Court Barred by Statute Even for Adopted Children?
The Texas probate court system is designed to protect the rights of heirs and beneficiaries after the death of a loved one. But what happens when someone tries to make a claim for inheritance after the statute of limitations has expired? In this blog post, we will explore the law around claims for inheritance in…
How to Prove Testamentary Capacity in a Texas Probate Court
A will is a legal document that names how a person’s property will be distributed after their death. In order for a will to be valid, the person must have what is called “testamentary capacity.” This means that they must understand the nature and extent of their property, and must be able to identify the…
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 Bank Signature Card Create a Survivorship Agreement?
A bank signature card is a document that lists the names of the people who are authorized to sign checks and other documents on behalf of the bank account holder. This document is also sometimes referred to as a “check-signing card” or an “authorization card.” The purpose of this document is to give the bank…
What Is a Special Needs Trust?
Introduction A special needs trust is a type of trust fund established to provide supplemental financial support for a disabled individual, without jeopardizing their eligibility for government benefits. If you’re the parent or guardian of a disabled individual in Texas, setting up a special needs trust may be something you’ve considered in order to provide…
What Must You Prove to Contest a Will?
Introduction When someone dies, their will is supposed to be a clear document that lays out how their estate should be distributed. However, there are times when the will is contested – usually because someone believes that it’s not valid. If you find yourself in this situation in Texas, there are certain things that you…
Can a Beneficiary Challenge a Fiduciary’s Actions?
Introduction The fiduciary-beneficiary relationship is one of trust. The fiduciary has a duty to act in the beneficiary’s best interest and must exercise a degree of care that a reasonable person would under similar circumstances. If the beneficiary believes that the fiduciary has breached this duty, can he or she challenge the fiduciary’s actions in…
Texas Probate Litigation: Failure to Deny Can Be an Admission
Introduction If you’ve ever found yourself in a situation where you’re aware a party to a probate litigation but not sure how to properly handle it, read on for some important information. Legal Terminology Worker’s Compensation Act, Non-Subscriber: Employers who do not provide workers’ compensation insurance coverage. Texas does not require such coverage, but employers…