When a person dies without a will, their assets are distributed according to Texas’s laws of intestacy. However, transferring ownership of these assets can be a complex and lengthy process if the proper documentation is not in place. This is where the concept of affidavits of heirship comes into play. In this blog article, we…
Category: Probate Law
The Texas Probate Showdown: A Tale of Wills, Assets, and Estate Distribution
We tried to imagine how the late American novelist, Tom Wolfe, would describe the sometimes dry topic of Texas Probate Law. Let us know how we did. The Grand Texas Probate Drama Ah, probate – the grand Texas drama that unfolds when a dear soul departs this earthly plane. It’s the process of settling a…
Inheriting Real Property in Texas: A Guide to the Probate Process
The death of a loved one can be a difficult and emotional time, and when a will is involved, it can add an additional layer of complexity to an already challenging situation. If the deceased owned real property in Texas, the process of transferring ownership can become even more complicated. This is because Texas law…
Co-Guardianship in Texas Probate Law
When a loved one is struggling with a serious medical condition such as dementia, it can be difficult to manage their affairs and make decisions on their behalf. In these cases, seeking legal guardianship can be a valuable solution. In Texas, it is possible for multiple individuals to be named co-guardians. In this article, we…
The Transfer of Real Property in Texas: A Journey Through Probate Law
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…
Estate Tax Returns in Texas: A Guide for Executors
A loved one’s passing brings sorrow. But being an executor of their estate adds a new burden. In Texas, it is vital to know the legal duties, including the filing of a tax return. This guide will explain the estate tax return requirements in Texas, when to file, what the estate includes for tax purposes,…
Estate Tax Return Requirements
The passing of a loved one can be a difficult time, and the responsibilities of being an executor of their estate can add additional stress. In Texas, if you have been named as the executor of a deceased person’s estate, it is important to understand the legal requirements, including the potential requirement to file a…
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…
Transferring Real Property after the Death of a Loved One
Losing a loved one is a difficult and emotional experience, and the process of transferring their assets to their heirs can add to the stress and confusion. If your loved one died owning real property in Texas, you may be wondering what steps you need to take to transfer the property to your name. In…