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...KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING

When a person passes away, their assets and property must be distributed according to their will or, if they did not leave a will, according to state law. This process is known as probate. In Texas, probate proceedings take place in the probate court, and any disputes that arise during the process can be appealed...KEEP READING

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...KEEP READING

Jurisdiction and venue are two important concepts in the field of probate law, and they are particularly relevant to the probate courts of Texas. In this article, we will take a closer look at what these terms mean, and how they affect the probate process in Texas. Jurisdiction Jurisdiction refers to the authority of a...KEEP READING

When a loved one passes away, it is important to determine whether they had a valid will in place. This can be accomplished through a careful search for the document. If a will is located, it will guide the distribution of the decedent’s assets in accordance with their wishes. If no will is found, it...KEEP READING

Section 101 of the Internal Revenue Code generally provides that the proceeds from a life insurance policy are generally tax-free to the recipient if the recipient is the beneficiary of the policy and is receiving the proceeds as a result of the death of the insured. There are some exceptions to this general rule. For...KEEP READING