A Muniment of Title is a legal concept that many people have heard of but don’t really understand. In this blog post, we will provide a comprehensive overview of the concept and discuss how it applies to real-world scenarios. A Muniment of Title is a legal document that confirms an individual’s ownership rights over certain…
Category: Probate Law
Arrangements to Make After a Loved One Dies
Death is a difficult thing. It can feel sudden and overwhelming, no matter the circumstances. During this time of grief, it’s understandable that you may not be thinking about the practical considerations involved in dealing with the death of a loved one. But these are important arrangements to make in order to take care of…
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…
When Can a Will Be Legally Revoked?
In the Texas case of In re Estate of Capps, the court was faced with the question of whether the decedent’s will had been revoked. According to Texas law, a will can be revoked either by physically destroying it, by making a new will that revokes the old one, or by making a statement indicating…
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…
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…
Can Courts Alter Wills?
One of the key principles of wills and trusts law is that a will should be given effect as written, unless it is shown that the will was procured by fraud, duress, or undue influence. This principle, known as the “rule against perpetuities,” is based on the idea that a person’s wishes should be respected…
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…
Does a Complex Estate Plan Mean a Lengthy Legal Battle?
Estate planning can be a contentious issue, especially when it comes to siblings. A recent article in the Houston Chronicle highlights the story of a man whose parents had a complex estate plan that led to a lengthy legal battle between him and his siblings. The man’s parents had owned a successful business and had…