The IRS has announced that it will be increasing the estate and gift tax exclusions for 2023. This means that more money can be passed on to heirs without being subject to taxes. For those who are planning their estates, this is good news. However, it also means that more people will be subject to...KEEP READING
Probating a will is the process of proving the validity of a will in court. It is generally required when someone dies with assets in their name that need to be transferred to beneficiaries. The probate process can be complicated, so it is important to have an experienced attorney by your side. If you are...KEEP READING
A will is a legal document that names how a person’s property will be distributed after their death. In order for a will to be valid, the person must have what is called “testamentary capacity.” This means that they must understand the nature and extent of their property, and must be able to identify the...KEEP READING
After someone dies, their bank accounts, financial assets, and mortgage information do not automatically go to the next of kin. In Texas, the process for getting this information is not as straightforward as one might think. In this blog post, we will explore how to get bank, financial, and mortgage information in Texas after someone...KEEP READING
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...KEEP READING
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...KEEP READING
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...KEEP READING
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...KEEP READING
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)...KEEP READING
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...KEEP READING
