In Texas, as in other states, a testator – the person who made the will – must be of “sound mind” to make a valid will. This means that the testator must understand that he or she is making a will, knows the natural objects of his or her bounty, and understand the disposition he…
Category: Probate Law
What are 3 ways testators can bequest something in their Texas Will?
When you create a will, you have the opportunity to specify how your belongings will be distributed after you pass away. This is called a bequest. In Texas, there are three ways to make a bequest in your will: specific, demonstrative, or by residuary. Specific bequests are when you leave a specific item to someone…
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…
What You Need to Know about Hiring a Texas Probate Attorney
In Texas, the probate process can be complicated and time-consuming. If you’re considering hiring a probate attorney, there are a few things you should keep in mind. In this blog post, we will explore what you need to know about hiring a Texas probate attorney. We will discuss the different types of probate, the benefits…
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…
How to Get Bank, Financial, and Mortgage Information after Someone Dies
After someone dies, their bank accounts, financial assets, and mortgage information do not automatically go to the next of kin. In Texas, the process for getting this information is not as straightforward as one might think. In this blog post, we will explore how to get bank, financial, and mortgage information in Texas after someone…
What does it mean to die “intestate” in Texas?
If a person dies without having made a will in Texas, they are said to have died “intestate.” This can have a few different effects on the distribution of their estate. In general, if you die intestate in Texas, your assets will go to your spouse and children first. If you have neither of these,…
Do bank accounts go through probate in Texas?
If you’re like most people, you have at least one bank account. But what happens to that account when you die? The answer may surprise you: in Texas, bank accounts do not go through probate. In this blog post, we’ll discuss what this means for your loved ones and how to ensure that your bank…
What is subject to probate in Texas?
In Texas, probate is the legal process that is used to settle the estate of a deceased person. This includes distributing their assets and paying any debts or taxes that may be owed. The process can be complex, but understanding what is subject to probate in Texas can help simplify things. Generally, any property that…