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will validity

How Do I Get a Judicial Discharge of a Probate?

In Texas, there are two types of probate: independent and dependent. Independent probate is when the decedent left a will that names an executor, and dependent probate is when the decedent did not leave a will or the will does not name an executor. If you are named as an executor in a will, you […]

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How Do I File an Affidavit of Heirship in Texas?

If you need to file an affidavit of heirship in Texas, there are a few things you’ll need to do first. First, find a notary public or licensed attorney who can notarize the affidavit. Then, gather all of the required documents, which include a death certificate, a copy of the will (if there is one), […]

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What Is Required to Show Undue Influence in Probate Court?

In Texas, if you want to contest a will or trust on the grounds of undue influence, you must be able to show that the person who created the document was unduly influenced by another person. This can be a difficult burden to meet, but it is not impossible. If you suspect that someone unduly […]

Can you cash a check made out to a deceased person?

Many people don’t know that you can cash a check made out to a deceased person in Texas prior to probate. The state has what’s called a “pay-on-death” provision, which allows for the cashing of checks made out to deceased persons. While this may seem like a simple process, there are actually a few things […]

If No Heirs Are Found, Where Does an Estate Go?

If a person dies without any heirs, their estate is called intestate. This means that the state will decide what happens to the estate. The laws surrounding intestate estates can be complex and vary from state to state. In Texas, if a person dies without any heirs on either the paternal or maternal side, their […]

What is Probate vs. Non-Probate Property?

When a person dies, their property must go through a process called probate. Probate is the legal process of distributing a deceased person’s property. The court will appoint an executor to oversee the probate process and distribute the deceased person’s assets according to their will or, if they didn’t have a will, according to Texas […]

Texas Probate Process When There is a Will

Introduction: Probate Process under Texas Law When a person dies, their assets must go through the probate process before they can be distributed to their beneficiaries. The probate process is the legal process of settling a person’s estate after their death. If the deceased person had a will, the probate court will use that document […]

How to Prove That a Decedent Lived in a Specific Texas County

Introduction When it comes to proving that a decedent lived in a specific county in Texas, there are a few things you’ll need to do. First, you’ll need to gather any and all documentation that would show where the decedent resided at the time of their death. This could include things like a lease agreement, […]

Are Adopted Children Considered Descendants of a Will?

Introduction If you’re considering adopting a child in Texas, you may be wondering if that child will be considered a descendant of your will. The answer to that question depends on a few different factors. In this blog post, we’ll explore the definition of a “descendant” in Texas and how it applies to adopted children. […]

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What Is a Guardianship and How Does It Work?

Introduction: Texas guardianship laws A guardianship is a court-ordered arrangement in which one person (the “guardian”) is given legal authority to make decisions on behalf of another person (the “ward”). There are two types of guardianships in Texas: 1. Full guardianship – The guardian has authority to make all decisions regarding the ward’s care, including […]