When a person dies, his or her estate is the collection of the person’s assets at the time of death. The estate is managed by an executor, who is responsible for paying any debts and taxes owed by the deceased, as well as distributing the remaining assets according to the will. If you are the […]
While the will may be perfectly clear about the ownership of property, it does not automatically follow that all is well for the surviving owners. This article discusses how heirs can force the sale of property. Can one sibling forced sale of inherited house? If a property is left in a will between several beneficiaries, […]
A will allows you to choose how your estate is distributed after you pass away. You can also include instructions for things like guardianship of any children, funeral arrangements and burial instructions. Your will can be as simple or complex as you want, but in most cases you’ll need at least two competent witnesses to […]
Introduction This article is for people who want to know more about settling an estate in probate. Is settling an estate in probate difficult? When a person dies, the deceased’s assets are handed off to whomever is listed in the will. If there is no will, however, then the estate becomes part of probate court. […]
A jury is a sworn body of citizens convened to render an impartial verdict (i.e. decision) based on the evidence presented before it. A jury has both the power to acquit (not guilty) on a charge, and also to convict (guilty). In civil cases, the equivalent is to find the defendant liable or not liable. […]
In the absence of a will, a person’s property is distributed according to rules defined by the state of Texas. This process is known as “probate” or “administration” of the estate. But what happens if you have a will and it contains a mistake? Can your probate attorney or the the probate court fix it […]
If a person dies without a will, the process of settling their estate is handled through the probate court in the state where they resided. The probate court oversees the distribution of the deceased person’s assets and payment of debts. Probate is a court-supervised process for transferring property (money, real estate, stocks, etc.) of a […]
The Texas Supreme Court Interpretation of the Four-year limitation on Probating a Will December 20, 2021 A devisee who fails to probate the decedent’s will within four years of the decedent’s death is deemed ‘in default’ and may no longer probate the will. However, what if the applicant probating the will is not the devisee, […]
What Happens to Bank Accounts It is common for a parent to create a joint bank account with the intent that someone accesses the account to pay for their funeral or last expenses. Who owns this account once the parent dies What about other bank accounts that are held jointly? Does the joint owner, surviving […]
Affidavit of Heirship – Transferring Property After Death and Avoiding Probate Court It is common to see family members reach an informal agreement as to how to handle the estate when a family member dies. These informal agreements often lead to disputes and end up in probate litigation and an Affidavit of Heirship can help […]