When a loved one passes away, it can be a difficult and emotional time for their family and friends. One of the things that can add to the stress of this situation is the uncertainty surrounding the distribution of the decedent’s assets. Beneficiaries of a will in Texas must wait for the probate process to...KEEP READING

A Muniment of Title is a legal document that confirms an individual’s ownership rights over certain property. This document can be used to prove ownership in court or used as evidence in other legal proceedings. It may also be used to transfer ownership of property after the owner’s death. The document must be signed by...KEEP READING

The probate process in Texas can be extremely daunting and confusing if you are unfamiliar with it. With all the legal paperwork and court proceedings, it’s easy to get lost in the shuffle. In this article, we hope to answer some of the most common questions about the Texas probate process to give those who...KEEP READING

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,...KEEP READING

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...KEEP READING

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

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 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