Courts make decisions based on the existing legal framework and precedents. These decisions create frameworks for future decisions made by the same court. A court first impression is a decision that is, at least in part, new or not bound by prior precedent, so it sets a new precedent. What is a Case of First…
Category: Probate Law
How Do I Probate a Will in Texas?
Probating a will is the process of proving the validity of a will in court. It is generally required when someone dies with assets in their name that need to be transferred to beneficiaries. The probate process can be complicated, so it is important to have an experienced attorney by your side. If you are…
Guardianships in Texas
Appointing a guardian for your child is one of the most important decisions you can make as a parent. It’s a decision that is often made in the event that something happens to you or your spouse. There are many factors to consider when making this decision. You want to appoint someone who is responsible…
How Do I Contest a Will in Texas?
After the death of a loved one, the last thing you want to deal with is legal paperwork and court battles. But if you feel like you have been wrongfully left out of a will, or if you think the will is not valid, you may have no choice but to contest it. The process…
What Do I Do with a Loved One’s Body Prior to Probate?
One of the most pressing concerns when someone dies, prior to the probate process, is figuring out what to do with the body or remains and making the necessary arrangements for the body or remains. Human remains can be donated, buried, cremated, or entombed. It is necessary to determine whether the deceased is an organ…
How to Admit a Will to Probate to Prove Muniment of Title
In Texas, there are two ways to admit a will to probate: muniment of title and regular probate. Muniment of title is the simpler of the two procedures and is typically used when the deceased person’s estate is small or when there is no dispute over the will. Muniment of Title is the process of…
What Presumptions Do Probate Courts Make Regarding Language in a Will?
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…
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…