Losing a family member or loved one is difficult and having to deal with complicated legal issues at the same time can be overwhelming. The assets of Texas residents who die without a will or estate plan set up may have go to through the probate process, which...
Probate Litigation
Working your way through probate and estate administration
After the death of a family member, surviving relatives are likely experiencing grief and possibly shock, and it can seem like a huge burden to then have to go through the probate process and estate administration. However, in many cases, the process can be quite...
Contesting a will
One of the few guarantees for people living in the Dallas/Fort Worth area is that they will pass away at some point in time. When people do pass away they leave behind everything that they had while they are living. They cannot bring their money and possessions with...
Understanding Texas heirship proceedings
Many Texans think that carrying out the terms of a will is a simple and straightforward matter. That preconception is true most of the time, but occasionally, the business of locating heirs and creditors and settling claims against the estate is not simple. Potential...
Distributing an estate when there is no will
If a person passes away without a will, it may cause the distribution of their estate to be more complicated. In Texas, any property that the deceased person owned as well as their debts are addressed during the probate process. The amount of debt is subtracted from...
Under what circumstances can an executor be removed?
Being named the executor of an estate carries with it great responsibility. An executor has many duties which must be fulfilled correctly, and in a timely manner, so that the deceased’s last wishes are implemented faithfully. Because of the executor’s importance,...
Non-probate assets in a will contest
Courts may declare a will invalid if they find it was made under undue influence. This issue comes up in very difficult will contests involving accusations that someone manipulated the deceased person into making a will that did not represent their true wishes. This...
Probate administration in Texas
Probate is the legal process that begins when a person, called the decedent, passes away. Probate administration resolves any debt and taxes on the estate, and where directed, distributes devises and legacies. Probating a Will is the procedure the court takes to...
Will contest and capacity needed to create and sign a will
When creating a will, individuals in Texas and elsewhere will consider all the details that will go into the document. Specifically, his or her wishes when it comes to their property and who will own it after their passing. A will is one estate planning tool that is...
Know how to spot a breach of fiduciary duty
Being the beneficiary of a trust can provide you with a certain amount of financial security. For most people who are in this position, these trust assets are about much more than money. After all, a loved one who is no longer here made the conscious decision to name...