When a loved one passes away, disputes can arise over who is entitled to the remaining funds. This can extend itself into bank accounts that the decedent may have held jointly with a spouse. If the account was jointly held, did the signature card create a legally binding survivorship agreement? The case of Shaw v....KEEP READING

When a disabled individual relies on government benefits, saving money to provide for their future care can jeopardize those benefits. A special needs trust allows supplemental funds to be set aside for the beneficiary’s needs while maintaining eligibility for government aid. What is a Special Needs Trust? A special needs trust is a legal arrangement...KEEP READING

Texas courts have long recognized their equitable power to impose constructive trusts as a remedy to prevent unjust enrichment. However, is it necessary to have a constructive trust in writing? The case Pope v. Garrett, No. 147 Tex. 18 (Tex. 1948) case illustrates how constructive trusts can arise orally and override legal ownership to remedy...KEEP READING

When a loved one passes away, they may have specific wishes for how their estate is to be distributed. As such, they may leave behind a will that has this information. However, sometimes they may write it out by hand or typed. In that case, is a typed will valid in Texas? The Zaruba v....KEEP READING