Most people know they should have a will. Financial advisors mention it. Friends who’ve lost parents talk about it. Articles pop up periodically reminding everyone that proper estate planning matters. Yet a surprising number of Texans never get around to creating one. Some assume their spouse or children will automatically inherit everything. Others figure they...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
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...KEEP READING
People execute wills in various ways. Some sign formal documents prepared by attorneys with witnesses present. Others handwrite simple documents disposing of their property. Texas law accommodates both approaches through different requirements for attested wills and holographic wills. However, one question frequently arises: what constitutes a valid signature on a will? The Texas Estates Code...KEEP READING
Estate planning often feels like just another item on life’s to-do list. People meet with attorneys, sign documents, and assume everything is properly handled. The lawyer witnessed it. The notary stamped it. The documents go into a drawer or safe deposit box. Years later, when someone dies, the family discovers that a small technical error...KEEP READING
