A will is a legal document that names how a person’s property will be distributed after their death. In order for a will to be valid, the person must have what is called “testamentary capacity.” This means that they must understand the nature and extent of their property, and must be able to identify the...KEEP READING

No one likes to think about what will happen after they die, but it’s important to have a plan in place. If you don’t, your loved ones may have to deal with a lot of complications. One of the biggest problems they might face is probate. Probate is the legal process of distributing a person’s...KEEP READING

Introduction A will is a legal document that dictates what happens to your possessions and assets after you die. In Texas, a will must be in writing and signed by two witnesses, as well as the person making the will (the “testator”). The witnesses cannot be related to the testator by blood or marriage. There...KEEP READING

Introduction You’ve finally done it. After months of planning and preparation, you have executed your will. But what happens if you need to make a change? Can you simply cross something out and initial it? What if you want to add or delete a beneficiary? The law surrounding wills is complex, and it varies from...KEEP READING

Introduction Probate 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. However, there are some exceptions. For example, if the estate is small or if all of the assets are held...KEEP READING

Introduction Probate is a process that is used to distribute an individual’s assets after they die. In order to start the Probate process, you will need to file a petition with the court in Dallas, Texas. This article will provide you with all the information you need to file your petition and go through the...KEEP READING

Introduction The law in Texas is clear that a person must have the mental capacity to execute a will. A testator’s mental capacity at the time of execution can be inferred from circumstantial evidence, such as when an individual executes a document with language that is inconsistent with the individual’s usual practices. If there’s doubt...KEEP READING

Default for failing to file? Default at Law A default is the failure to do something required by law or the failure to comply with a contractual obligation. When it comes to filing a will for probate, there is a timeline that the filer must comply with in order to avoid being found in default....KEEP READING

In a person’s will, they may leave either personal or real property to an entity rather than to an individual. They could leave land to a city, business, organization, county, or the like. What happens when there is a suit against a county rather than an individual? What is the controlling law and how is...KEEP READING

When someone dies with a will in Texas, the court will follow the instructions in the will to distribute the deceased person’s assets. However, if there are any questions about the will or if anyone challenges it, the court may get involved to make sure that the assets are distributed according to Texas probate law....KEEP READING