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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 […]

Can Someone Else Give a Gift Causa Mortis?

Introduction When it comes to giving gifts, we usually think of happy occasions like birthdays and Christmas. But what about when someone is nearing the end of their life? In Texas, there is a provision for what’s known as a Causa Mortis gift. This allows a person to give away property or possessions that they […]

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Does Past Misconduct Against an Estate Suggest Undue Influence in a Will Contest?

In Texas, probate court is the venue in which family members, friends, and business associates can contest a will. The Texas Estates Code sets out rules for how the court should handle these disputes. You might be wondering, if evidence of past misconduct toward an estate can be admitted as evidence to prove undue influence. […]

Can You Establish Testamentary Capacity with a Self-Proved Will?

Introduction: Making a Valid Last Will and Testament For your will to be valid in Texas, you must have testamentary capacity. Testamentary capacity means that you understand the nature and extent of your property and that you’re aware of the natural objects of your affection. You must also be able to understand that you’re making […]

When Can Probate Be Disputed in Texas?

Introduction: When Can Probate Be Disputed in Texas? Probate is the legal process of transferring a person’s property and assets after they die. If you are named in a will as an executor, it is your responsibility to see that the probate process goes smoothly. However, there are certain situations in which probate can be […]

Why Avoiding Probate Isn’t Always a Good Idea

Even with the simplified probate process in Texas, probate can still be a long, complicated process for some that can be enormously frustrating for loved ones who are trying to manage a deceased person’s estate. While avoiding probate may be the best option in some cases, it’s important to weigh the pros and cons before […]