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11Texas pour over wills
A pour-over will can be used in situations where privacy is a concern. This is especially true if the pour-over will is combined with a living trust. In this case study, we will explore the probate process of a pour-over will involving real estate owned by the decedent for 66 years. We will discuss the...
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11Passes Away Without a Will in Texas
Losing a parent is a heart-wrenching experience. When your departed parent has not left behind a will, which is referred to as “dying intestate,” the process can become more complex and daunting. Under these circumstances, the decedent’s estate is distributed in accordance with Texas intestacy laws. These laws are nuanced and difficult to apply if...
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11inherited jewlery
The division of jewelry in probate cases often presents unique challenges and potential for family conflicts. Family members may develop strong attachments to specific pieces of jewelry. Whether it is a ring or necklace passed down through the family or even an item that has sentimental meaning only to one party. This may be due...
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It is said that everyone has an estate plan, some just happen to think through it and write it down. When it comes to managing your wealth and protecting your assets, having a comprehensive estate plan is essential as the default plan usually will not help you achieve your goals. The uncertainties of life, including...
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11
Inheriting cash or marketable securities is one thing. Cash and marketable securities can easily be divided and distributed. Real estate is not this easy. It can present a number of very difficult challenges for the beneficiaries and the executor or personal representative. Selling Real Estate Remotely One of the common challenges that arise when inheriting...
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11fail to follow directions in will
This is a Case Study analysis on the facts of Patrick v. Patrick, 182 S.W.3d 433 (Tex. App. – Austin 2005, no pet.), as if it were to be decided today. It is not an analysis of the court’s holding in this case. Introduction Probate law governs the distribution of a deceased person’s assets. In...
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11IRA not probated
When a loved one passes away, it can be a difficult and overwhelming time for surviving family members. One of the tasks that often needs to be addressed is the distribution of the decedent’s assets. In Texas, if a person dies with a will, the will must be probated in order for the assets to...
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11Standard of Sound Mind to Execute a Valid Will
Probate law can be a complex and daunting process, especially when it comes to distributing the assets of a deceased person. Having a valid will can make the process of distributing assets in accordance with the decedent’s final wishes easier. However, the addition of a codicil to the will can sometimes complicate probate proceedings. A...
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11Pour Over Will
Appealing a Texas probate court’s decision to a higher court invokes the “abuse of discretion” standard of review. This deferential standard differs from the de novo review used in some other appeals. Understanding when a probate court abuses its discretion is key for parties embroiled in probate disputes. The Estate of Glover, 744 S.W.2d 939...
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In Texas, the appointment of a guardian is a legal process that is governed by the Texas Probate Code. The primary goal of this process is to ensure that the best interests of the person who is unable to care for themselves, known as the “ward,” are protected. The appointment of a guardian is often...
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