No one likes to think about what will happen after they die, but it’s important to have a plan in place. If you don’t, your loved ones may have to deal with a lot of complications. One of the biggest problems they might face is probate. Probate is the legal process of distributing a person’s […]
When a loved one passes away, their wishes for what their family should do with their body can be communicated through a will. This usually entails whether they wish to be buried or cremated, but it can also extend to organ donation. However, what if their wishes regarding organ donation were only communicated orally and […]
A will helps to communicate a decedent’s final wishes, including how they wish for their estate to be administered and which assets are to be given to specific beneficiaries. However, what if the decedent wrote letters to an attorney before they passed away that requested changes to be made to the will? Can a letter […]
Classifying assets as either community property or separate property significantly impacts division in Texas probate. Property acquired during marriage is generally community property subject to equal split. However, separate property brought into the marriage or acquired by gift or inheritance remains distinct. When spouses move from non-community property states, confusion arises over asset classification. In […]
Crafting and signing a will provides comfort that a testator’s wishes will be honored after their passing. However, life circumstances may necessitate updates to even the most well-designed estate plan. Can a will be changed after its initial creation? The Mahan v. Dovers, 730 S.W.2d 467 469 (Tex. App. — Fort Worth 1987, no writ) […]
Probate administration is the legal process of validating a will and distributing a deceased person’s assets to their beneficiaries. In Texas, if someone dies with a valid will, their estate will generally go through probate. It is during this process that an interested party can contest a will. Challenging a will’s validity faces imposing evidentiary […]
Texas probate courts possess wide-ranging authority to order relief on matters not directly pled in the original probate pleadings. This exceptional power provides the probate courts with considerable flexibility to fully and equitably resolve probate disputes. The Sivley v. Sivley, 972 S.W.2d 850, 855 (Tex. App. — Tyler 1998, orig. proceeding) case helps to understand […]
In some cases, a testator’s negative feelings toward a beneficiary can indicate fraud or undue influence in the creation of a will. Texas probate courts allow a testator’s sentiments to serve as evidence if relevant facts corroborate deceitful intent. This article explores how emotions can demonstrate improper actions and provides an example case. Facts & […]
The probate process in Texas involves specific legal procedures for executing a will and settling an estate after someone dies. These actions are carried out under the jurisdiction of specialized county probate courts in Texas. Introduction to Texas Probate Law Texas has specific laws governing probate, which is the court-supervised process for administering a deceased […]
Adds veteran probate attorney, Hallie O’Connor, to its Dallas office FOR IMMEDIATE RELEASE: Dallas, October 10, 2022: Kreig LLC, a Texas-based probate law firm, announced today that Attorney Hallie O’Connor has joined the firm’s Dallas probate practice. “We are thrilled to have Hallie join our team,” said CEO Jack Manhire. “She is a highly respected […]