As people age, it may become increasingly difficult for them to manage their own affairs. When this happens, family members may step in to help, and in some cases, may even seek to become the legal guardian of their loved one. In Texas, a guardianship can be established for individuals who are unable to take...KEEP READING

Probate is the legal process of settling a deceased person’s estate, including distributing their assets and paying off any debts. In Texas, the probate process can be relatively straightforward, especially when there is a legal will in place and all recipients agree on the terms outlined in the will. This was the case for our...KEEP READING

Probating a will in Texas can be a complex process, but it doesn’t have to be. This case study will provide a detailed overview of the probate process in Texas, using a specific scenario as an example. The scenario involves probating a Will in Nueces County, Texas, where the Will is self-proving and names the...KEEP READING

When a person becomes unable to make decisions for themselves or manage their own affairs, a guardianship or conservatorship may be established in Texas probate court. Both guardianship and conservatorship are legal processes that allow a court to appoint someone to make decisions and take actions on behalf of another person, known as the ward....KEEP READING

Under U.S. tax law, gifts and inheritances are generally excluded from gross income. This means that you do not have to pay taxes on gifts or inheritances that you receive. However, there are some exceptions to this rule. For example, if you receive a gift of property that has appreciated in value since it was...KEEP READING

What exactly is probate? It’s a legal process that takes place when someone dies, and it involves the distribution of their assets. While this may sound like a simple enough process, there are actually several different types of probate in Texas that you should be aware of if you are dealing with an estate or...KEEP READING

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...KEEP READING

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),...KEEP READING

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...KEEP READING

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...KEEP READING