If you’re reading this, then you’re probably wondering what would happen if there is contradictory language in a Texas will. The answer isn’t as simple as you might think. In fact, it depends on a number of factors, including the type of contradictions and the specific wording of the will. That being said, there are…
Category: Probate Law
Fighting Among Relatives, No Will, and Other Things That Can Hold Up Your Texas Probate
No one likes to think about what will happen after they die, but it’s important to have a plan in place. If you don’t, your loved ones may have to deal with a lot of complications. One of the biggest problems they might face is probate. Probate is the legal process of distributing a person’s…
Do You Have to Give Notice to a Decedent’s Creditors?
We all know that creditors can be a nuisance when someone dies owing them money. But what you may not know is that, in Texas, there are specific laws regarding how to handle a decedent’s creditors. If you’re the executor of an estate in Texas, it’s important to understand your obligations when it comes to…
Can an Attorney Be the Beneficiary of a Will?
Overall, naming your attorney as a beneficiary of your will in Texas is possible, but there are some significant limitations that you should be aware of before you do so. What is a valid will? In Texas, a will is a legal document that outlines an individual’s wishes for how their property and belongings should…
Can evidence of past misconduct toward an estate be used to prove undue influence?
In order to understand if evidence of past misconduct can be used as evidence of undue influence, it is first important to understand what undue influence is. Undue influence is defined as “excessive pressure on a person that causes that person to act or refrain from acting in a way that is not free from…
What Is a Family Allowance?
Probate is the legal process of distributing a person’s assets after they die. In Texas, if a person dies without a will, their assets will go through probate court. The court will appoint an executor to oversee the estate and distribute the assets to the heirs according to state law. One of the questions that…
What If Someone Removes Organs from a Deceased Family Member without Permission?
Dealing with the death of a loved one is an incredibly emotional time. Because it is so sensitive, there are legal remedies that allow members of a decedent’s family to recover for monetary damages if matters are not dealt with properly. One of the remedies is for negligent infliction of mental anguish. What is this?…
What Is the Anti-Lapse Statute?
If you live in Texas, you may have heard of the anti-lapse statute. This law is designed to protect the property rights of beneficiaries who are named in a will. Under the statute, if a beneficiary dies before the will-maker, their interest in the estate will not lapse. Instead, their interest will go to their…
Can You Benefit from a Will If You Murder your Spouse? The Texas Slayer Rule
Have you ever wondered if someone can inherit from an estate if they kill their spouse? This is what is commonly called the “Slayer Rule”. In this blog post, we will explore the realities of the law in Texas. What is a will? In Texas, a will is a legal document that outlines how you…