Probate and Estate Administration

Settling a loved one’s estate involves legal steps, paperwork, and deadlines. Probate provides structure for that process. Understanding your role and responsibilities helps things move forward smoothly.

Can I Disinherit my Spouse in North Carolina?

North Carolina’s laws provide a safeguard for surviving spouses. Under North Carolina law, a spouse can claim a certain share of your estate when you die, regardless of what your will says. This share is

Do I Need a Lawyer to Probate a Will in Texas?

“Will it be necessary to hire a lawyer to go through probate?” That’s a question I get each week from Texans who have lost friends and family members. Often, the decedent’s Will appoints them as

What is an Affidavit of Heirship?

An Affidavit of Heirship is a legal document that summarizes the deceased person’s family history and the identity of their heirs. Although it is not a formal adjudication like probate is, an affidavit that is

Is There a Difference Between an Executor and an Administrator of an Estate?

When a person dies and probate is necessary, a court will appoint a personal representative to oversee the winding up of the decedent’s affairs. Executors and administrators are both classified as “personal representatives” of the

What are Valid Reasons to Contest Will in Texas?

His dad had been sick and weak. He didn’t even have the strength to write his own name. Nevertheless, after his father died, his stepmother produced a deathbed Will for probate that left all her

Is Property My Spouse and I Owned in Another State Community Property or Separate Property?

John and Jane Doe didn’t always live in Texas. Earlier in their marriage, they lived in another state, where John purchased a house the couple lived in and raised their children. Although they have since

Can an Independent Executor Alter How my Property is Distributed?

A man who was named independent executor in a Will called me. Someone told him that as the independent executor, he had the right to distribute Testator estate any way he wished. He was calling

Who Can File An Application for Probate?

If an executor is named in a Will, then that person is generally the most logical person to file an application to probate the Will. The Texas Estates Code also provides that the applicant may be

Where Should A Will Be Probated In Texas?

According to Section 33.001 of the Texas Estates Code, a will should be admitted to probate in the Texas county where the decedent was domiciled or had a fixed place of residence. If the decedent

Will Former Spouse Inherit Bank Account if Named as P.O.D. Beneficiary?

I received a note recently from someone whose brother had recently passed away. Her brother was divorced and had no children. He was survived by four siblings. Both his parents were deceased. His savings account

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