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Probate

Get information and news on Texas Probate laws and frequently asked questions from a Lawyer. Top 10 Probate Articles from Kreig Austin.

A legal process called Probate ensures that the estate of the deceased person is distributed according to his will. Like many legal processes, the process of it can be complicated and costly if you do not know what you are doing. The articles included in this Top 10 list serve as an introductory guide to this complex process.

When a person’s will enters into it, the will’s authenticity is verified and the deceased’s estate is distributed according to it. If you want to contest the validity of a will during and before the estate is distributed, then you should read this article.

A person’s estate is more than just their grand (or not so grand) residence. The term encompasses everything in their possession when they finally kick the bucket. This article covers all that you need to know about what constitutes an estate within the context of  it.

11Austin Probate Attorneys
13
Jun

Can a Holographic Will Be In Someone Else’s Handwriting?

June 13, 2022, , ,
Holographic wills appeal to people who want simple estate planning without attorneys. This may include online forms or services that generate wills, or even having a non-attorney friend prepare the document. These non-attorney wills are frequently disputed, and often result in expensive litigation. One area of the disputes for these wills are those who handwrite...
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11will contest
02
May

Is Settling a Probate Estate in Texas Difficult?

May 2, 2022, , ,
When someone agrees to serve as executor of a loved one’s estate, they usually expect some paperwork and a few decisions about distributing assets. Most people don’t anticipate that years later they could lose their position, forfeit substantial compensation, and face allegations of serious misconduct. The role carries significant responsibilities that extend far beyond simply...
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11Can Courts Change Your Will Under Texas Probate Law?
18
Apr

Can Texas Courts Reform Wills Based on Mistake?

April 18, 2022, ,
What happens if someone leaves a will based on a mistaken understanding about something outside of the will? For example, a surviving spouse that assumes that the deceased spouse left a will when the deceased spouse did not–then the surviving spouse dies. Can the surviving spouse’s will be challenged and set aside based on the...
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11
20
Dec

When Time Runs Out on Probating a Will: Understanding the “Applicant in Default” Rule in Texas

December 20, 2021, ,
The law sets a four year time period to probate a will. This rule has been the subject of quite a few probate disputes. These disputes often look to various fact patterns where parties are looking for exceptions. One such example is where a named Executor does not probate the will within the four year...
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11
28
Feb

How Joint Account Signature Cards Create (Or Fail to Create) Survivorship Rights in Texas

February 28, 2019, , ,
A parent opens a joint bank account with an adult child. The signature card says the funds are “payable to either or survivor.” When the parent dies, does the child automatically own the money? Or does it belong to the parent’s estate and pass under the parent’s will? The answer depends entirely on the specific […]
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11
28
Feb

Using an Affidavit of Heirship in in a Partition Suit

February 28, 2019, ,
Family histories get passed down through generations. This can be important when someone dies owning property and without a will. These family histories can dictate who ends up owning the property. So what if there are conflicts in the renditions of the histories? And what if there is other evidence? These can be tricky questions. […]
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