Introduction When you’re making your will, one of the most important decisions you’ll make is who will serve as your personal representative. Your personal representative is the person who will be responsible for carrying out your wishes after you die, so it’s important to choose someone you trust implicitly. There are a few things to...KEEP READING

Family members often transfer property informally through handwritten deeds or documents that skip formal requirements. These informal transfers may seem adequate within the family but can create serious problems when the property is later sold to outsiders. The informal deed may lack proper acknowledgment, witnesses, or notarization. What happens when an unacknowledged gift deed conflicts...KEEP READING

When families contest the probate of wills, they sometimes challenge fundamental procedural requirements in hopes of preventing will admission entirely. These challenges may focus on whether the court has proper jurisdiction and venue to probate the will, or whether the proponent has satisfied the burden of proving that the will was not revoked before the...KEEP READING

When families blend through remarriage, the distribution of a deceased parent’s assets can become a source of tension between children from different marriages. The surviving spouse and children from the second marriage may receive the bulk of the estate, while older children from previous relationships find themselves with limited inheritance rights. These situations become even...KEEP READING

Probate Terms Navigating Texas probate law requires familiarity with specific terminology that governs estate administration from filing the initial application through final distribution of assets. These 25 definitions represent the fundamental concepts that attorneys, personal representatives, and beneficiaries encounter in virtually every probate proceeding. Understanding these terms provides the foundation necessary to comprehend court filings,...KEEP READING

When a loved one dies, families often assume that probate courts simply rubber-stamp wills and distribute assets according to the deceased’s wishes. Many people view probate as a ministerial process where courts mechanically follow predetermined instructions without exercising meaningful oversight. This belief can lead to surprise when probate courts actively scrutinize estate matters, require detailed...KEEP READING