Previously, college athletes could not share in the revenue generated by their universities, however a landmark Supreme Court ruling in 2021 enabled them to earn advertising revenue based on their name, image and likeness (NIL). This ruling has opened doors for student-athletes who, because of the change in NCAA rulings, can now make money off…
Category: Probate Law
DFW Probate Law Update: If you hold a Will, Ignorance Is No Excuse
Application for Probate More Than 4 Years After Testator’s Death A will may not be submitted to probate after the fourth anniversary of a testator’s (person who made the will) death unless it is shown that the person applying for probate was not in default in failing to bring it to probate sooner. Here default…
Is Divided Land Used as One Tract Considered One Unit?
Introduction So, your property was condemned by the city’s eminent domain power. Now what? If this happened to you in Texas, you might be wondering if the land that is being taken is considered as one tract or not. Luckily, there’s an answer to this question. It turns out, if your land is divided into…
Where Do You Probate a Will in Texas If the Decedent Was Deemed Insane?
Introduction When you die, your will is probated. Probate is the process of validating and formalizing a will. This article will teach you about which county you must probate a will in Texas if the decedent was deemed insane. Legal Terminology Administrator with will annexed: This means the original executor named in the will was…
How to Reverse a Texas Probate Judgment
Introduction When someone dies, their property becomes subject to the probate process. This is a legal procedure that pays debts and divides up property as outlined by the Will (or law in the absence of a Will). If there are disputes about who gets what or if someone believes the will was improperly executed, they…
Does the Rule for a Bill of Review Have to be Followed Exactly?
Law terms Texas Probate Code Ann., Rule 31 [now Texas Estates Code]: Any person interested may, by a bill of review filed in the court in which the probate proceedings were had, have any decision, order, or judgment rendered by the court, or by the judge thereof, revised and corrected on showing error therein; but…
What is a request to transfer a structured settlement in Texas?
A structured settlement is a type of annuity that is typically used to resolve personal injury claims. In Texas, if you have reached a settlement in your personal injury case, you may be able to transfer your structured settlement payments to another party. This process is known as a “request for transfer.” What is a…
Can You Make a Texas Affidavit Based on Belief Alone?
In Texas, it is not possible to make an affidavit based on belief alone. You must have knowledge of a fact in order for the affidavit to be valid under Texas law. To understand this better, let’s look at the 1996 case, Williams v. Bagley. Legal Terminology Texas Rules of Civil Procedure, Rule 682: No…
Can a Will Go Through Texas Probate Twice?
Will Disputes What would happen if a will could go through probate twice? This is generally prohibited. Wills are typically only probated once. If an agreement was made to accept the terms of a will and release all claims against the estate, the acceptee usually cannot relitigate the estate. Womble v. Akins gives us more…