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

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...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 life insurance policy proceeds received by a beneficiary after the death of the insured are exempt from federal income tax. However, some important exceptions exist. Additionally, the proceeds may potentially be subject to state probate proceedings depending on the policy terms and beneficiaries. Life Insurance...KEEP READING

Hiring a probate attorney in Texas is generally necessary when administering a probate estate. This is due to a combination of Texas law, which requires representation of the interests of beneficiaries and creditors, and the complexity of the state’s probate laws. Administering a Probate Estate in Texas In Texas, probating an estate involves shepherding assets...KEEP READING

When it comes to selecting a Texas probate attorney, there are many things to consider. Probate is the legal process of administering an estate after someone passes away and involves complex and detailed work. You need an attorney who understands your needs, is knowledgeable about Texas law and has the experience necessary to handle your...KEEP READING

The IRS has announced that it will be increasing the estate and gift tax exclusions for 2023. This means that more money can be passed on to heirs without being subject to taxes. For those who are planning their estates, this is good news. However, it also means that more people will be subject to...KEEP READING

Probating a will is the process of proving the validity of a will in court. It is generally required when someone dies with assets in their name that need to be transferred to beneficiaries. The probate process can be complicated, so it is important to have an experienced attorney by your side. If you are...KEEP READING