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.

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

Can Proceeds of Insurance Policy be Seized to Pay Debts of an Estate?

After you die, your estate is responsible for your debts. Creditors can make claims against your probate estate for what you owe. Assets such as life insurance proceeds, IRAs and other qualified plans are non-probate

Is it Possible to Avoid Probate in Texas without a Revocable Trust?

I have written before that Texas has one of the most simplified probate processes in the country. If a testator instructs in his will that there should be no action in the probate court in

Is There a Way to Find a Deceased Person Missing Life Insurance Policy?

The sudden death of a spouse is devastating, and the devastation can be magnified when financial pressures abound. In families which rely on the deceased spouse’s income for meeting financial obligations, having one income suddenly

Do I Have To Accept An Inheritance?

I have written about a deadbeat dad who claimed part of his deceased son’s estate, even though he had not been part of his son’s life for more than thirty years. The potential of inheriting

Can Stepchildren Force a Surviving Spouse to Sell Homestead Property?

Conflicts often arise in blended families when one spouse dies. This is especially true if the deceased spouse’s children and their stepparent do not have a close relationship. Problems are compounded when the deceased spouse

Is an Executor Required to be a US Citizen?

I recently received a phone call from someone whose wife was not a US Citizen. The caller wondered whether his wife could nevertheless serve as an executor of his Will. There is no statutory restriction

Can The Beneficiary Of My Estate Also Be My Executor?

I’ve received several emails the past few weeks asking whether it is possible for a beneficiary of an estate to also serve as executor. Naming someone as the executor of your estate does not preclude

What To Do When Someone Dies In Texas

I get phone calls and emails each week from people who are grieving the death of a family member. They’re often confused and overwhelmed about what to do next. The Texas Young Lawyers Association has

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