One of the most pressing concerns when a loved one dies is figuring out what to do with the body or remains and making the necessary arrangements for the body or remains. Human remains can be donated, buried, cremated, or entombed. It is necessary to determine whether the decedent is an organ or tissue donor, […]
If a loved one passed away more than four years ago, is it still possible to receive an inheritance after the statute of limitations has expired? In short, the answer is no. It is a strict guideline in the state of Texas, and it also applies to non-biological children who may have been adopted. The […]
In Texas, probate is the legal process that is used to settle the estate of a deceased person. This includes distributing their assets and paying any debts or taxes that may be owed. The process can be complex, but understanding what is subject to probate in Texas can help simplify things. Generally, any property that […]
When the validity of a will is challenged in court, Texas law allows scrutiny of issues like undue influence and mental capacity of the testator. However, sometimes an executor may be a history of past misconduct. In these scenarios, can that prior history be used to prove undue influence during probate? The Smith v. Smith, No. 389 […]
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. […]
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 […]
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 […]
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. […]
When a will is believed to be invalid or defective, Texas law allows interested parties to challenge the will through a contest proceeding. The Estate of Rodgers, No. 13-22-00202-CV (Tex. App.–Corpus Christi 2023) case examines the grounds for contests and the evidence needed to prove such an allegation. Facts & Procedural History The background of […]
Texas law provides various alternatives to a full probate administration, such as a small estate affidavit, an affidavit of heirship, and a family settlement agreement. While each of these options has its own unique set of requirements and limitations, a family settlement agreement can be a particularly useful tool when certain circumstances are met due […]