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…
Category: Probate Law
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…
How Do I Get a Guardianship in San Antonio?
Obtaining a guardianship in San Antonio, Texas can be a complex legal process. It involves petitioning the court to appoint you as the legal guardian of another person, known as the “ward.” This can be necessary when the ward is unable to make decisions for themselves due to age, disability, or some other circumstance. The…
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.…
3 Things to Know About a Small Estate Affidavit
A Texas Small Estate Affidavit is a legal document used to help heirs of an estate receive the property of someone who has passed away without having to go through the traditional probate process. It’s specifically designed for estates with a value of less than $75,000. If you’re dealing with a small estate in Texas,…
Top 5 Things to Look for in a Texas Probate Attorney
When it comes to selecting a Texas probate attorney, there are many things to consider. Probate is the legal process of administering an estate after someone passes away and involves complex and detailed work. You need an attorney who understands your needs, is knowledgeable about Texas law and has the experience necessary to handle your…
How to prove an equitable adoption took place in Texas?
Adopting a child is a life-altering experience, and it’s no different in Texas. But the Lone Star State has some unique laws when it comes to adoption that you should be aware of if you’re planning on going through with the process. In this blog post, we’ll discuss one of those laws in particular: how…
5 Things to Include in Your Texas Will
So, you want to plan for the future with a Texas will? Whether you’re drafting a new one or updating an existing one, there are certain things you should know and make sure to include. Without further ado, let us discuss five of the most important factors to include in your Texas will. From how…