When a loved one passes away, their wishes for what their family should do with their body can be communicated through a will. This usually entails whether they wish to be buried or cremated, but it can also extend to organ donation. However, what if their wishes regarding organ donation were only communicated orally and...KEEP READING

A will helps to communicate a decedent’s final wishes, including how they wish for their estate to be administered and which assets are to be given to specific beneficiaries. However, what if the decedent wrote letters to an attorney before they passed away that requested changes to be made to the will? Can a letter...KEEP READING

Classifying assets as either community property or separate property significantly impacts division in Texas probate. Property acquired during marriage is generally community property subject to equal split. However, separate property brought into the marriage or acquired by gift or inheritance remains distinct. When spouses move from non-community property states, confusion arises over asset classification. In...KEEP READING

Crafting and signing a will provides comfort that a testator’s wishes will be honored after their passing. However, life circumstances may necessitate updates to even the most well-designed estate plan. Can a will be changed after its initial creation? The Mahan v. Dovers, 730 S.W.2d 467 469 (Tex. App. — Fort Worth 1987, no writ)...KEEP READING

Probate administration is the legal process of validating a will and distributing a deceased person’s assets to their beneficiaries. In Texas, if someone dies with a valid will, their estate will generally go through probate. It is during this process that an interested party can contest a will. Challenging a will’s validity faces imposing evidentiary...KEEP READING

Texas probate courts possess wide-ranging authority to order relief on matters not directly pled in the original probate pleadings. This exceptional power provides the probate courts with considerable flexibility to fully and equitably resolve probate disputes. The Sivley v. Sivley, 972 S.W.2d 850, 855 (Tex. App. — Tyler 1998, orig. proceeding) case helps to understand...KEEP READING

In some cases, a testator’s negative feelings toward a beneficiary can indicate fraud or undue influence in the creation of a will. Texas probate courts allow a testator’s sentiments to serve as evidence if relevant facts corroborate deceitful intent. This article explores how emotions can demonstrate improper actions and provides an example case. Facts &...KEEP READING

The probate process in Texas involves specific legal procedures for executing a will and settling an estate after someone dies. These actions are carried out under the jurisdiction of specialized county probate courts in Texas. Introduction to Texas Probate Law Texas has specific laws governing probate, which is the court-supervised process for administering a deceased...KEEP READING

In the state of Texas, contesting a will often hinges on a pivotal and contentious issue: the testamentary capacity of the individual responsible for creating the will. To mount a successful challenge to a will based on capacity, it is essential to comprehend the legal prerequisites and compile compelling evidence, as this situation underscores. However,...KEEP READING

The process of probating a will in Texas is subject to specific time constraints, which require careful attention and timely action. A four-year window is provided from the time of a testator’s passing for the probate of a will. Beyond this timeframe, the right to utilize the will for property distribution is typically forfeited, with...KEEP READING