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…
Category: Probate Law
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…
Does a Bank Signature Card Create a Survivorship Agreement?
A bank signature card is a document that lists the names of the people who are authorized to sign checks and other documents on behalf of the bank account holder. This document is also sometimes referred to as a “check-signing card” or an “authorization card.” The purpose of this document is to give the bank…
Does a Letter to Your Attorney Count as a Change to Your Will?
Introduction A will is a legal document that dictates what happens to your possessions and assets after you die. In Texas, a will must be in writing and signed by two witnesses, as well as the person making the will (the “testator”). The witnesses cannot be related to the testator by blood or marriage. There…
Does a Power of Attorney End at Death?
Introduction In Texas, a power of attorney (POA) is a legal document that grants someone else the authority to act on your behalf. This can be for financial or medical decisions, and is often used if the person named in the POA is unable to make decisions for themselves. But what happens to a POA…