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...KEEP READING

A husband and wife go to their bank to change account ownership. The husband wants his wife to have access to the accounts and to inherit them when he dies. They sign new signature cards for two accounts. Under “Type of Customer,” each card specifies “Joint with Survivorship.” When the husband dies, his widow claims...KEEP READING

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...KEEP READING

The fiduciary-beneficiary relationship is one of trust. The fiduciary has a duty to act in the beneficiary’s best interest and must exercise a degree of care that a reasonable person would under similar circumstances. If the beneficiary believes that the fiduciary has breached this duty, can they challenge the fiduciary’s actions in court? The McLendon...KEEP READING

Someone dies. A family member signs a release agreement giving up their claims to the estate. Later, that same person discovers what they believe is a newer will naming them as the sole beneficiary. Can they ignore the release they signed and pursue their claim to the estate? This scenario plays out more often than...KEEP READING

Every year, thousands of Texas property owners execute transfer on death deeds with the best intentions. They sign the documents in front of notaries, have witnesses verify their signatures, and carefully store the deeds in safe places. These owners believe they’ve successfully arranged for their homes to pass directly to loved ones without the hassle...KEEP READING

Estate administration becomes complicated when a surviving spouse seeks to designate property as exempt homestead under the Texas Estates Code. The spouse files an application to set aside both a rural homestead and personal property as exempt. The probate court holds a hearing but takes no sworn testimony. Instead, the court questions the attorneys and...KEEP READING

When a loved one dies leaving a will, the family faces the task of settling the estate. Someone must gather the decedent’s assets, pay debts and taxes, and distribute property to beneficiaries. These tasks cannot be accomplished without legal authority. The personal representative named in the will has no power to act until a probate...KEEP READING

A would-be executor or adminsitrator may not fully appreciate the complexities that can arise. Estate administration often involves discovering financial surprises that the deceased never anticipated. For example, a family member who steps into the role of executor or administrator for the estate may find outstanding debts or tax liabilities that complicate the distribution of...KEEP READING

Divorce is like probate in that it involves a lot of paperwork and also decisions about dividing property. Most people focus on the house, retirement accounts, and bank balances. They split everything according to the decree and move on with their lives. But what happens when someone dies just days after the divorce is finalized—before...KEEP READING