Having a will is one of the most important steps you can take to ensure your assets are distributed according to your wishes. If you're considering writing a will, you might wonder if a handwritten one will hold up in court. In Texas, the answer is yes, but certain conditions must be met. Let’s dive into the details. What Is a Handwritten Will? A handwritten will, often referred to as a holographic will, is a will entirely written and signed by you. While it is legally valid in Texas, there are specific requirements for it to be accepted by the court. Requirements for a Valid … [Read more...]
Can a Divorce be Reversed in Texas?
Divorce is a significant life event that often brings with it a mix of emotions and challenges. Once the decision is made and the process finalized, you may find yourself reflecting on whether there's any possibility of turning back. If you're in Texas and considering whether it's possible to undo a divorce, you're not alone. Many individuals in similar situations have asked the same question. It's important to understand that once a divorce is finalized, it becomes legally binding. However, Texas law does offer some avenues for potentially reversing or modifying aspects of the divorce … [Read more...]
The Most Common Types of Personal Injury Cases in Texas
Personal injury cases can arise from various situations, ranging from car accidents to slip and falls. In Texas, like in many other states, personal injury cases encompass a wide range of situations where individuals suffer harm due to the negligence or intentional actions of others. Understanding the common types of personal injury cases prevalent in Texas can provide valuable insight for individuals seeking legal recourse. Some of the most common types of personal injury cases in Texas include: Navigating a personal injury case can be overwhelming, especially for those dealing with … [Read more...]
How Long Does It Take To Settle a Personal Injury Case in Texas?
If you've found yourself in the unfortunate position of pursuing a personal injury case in Texas, you're likely eager to understand how long the process may take. While there is no one-size-fits-all answer, there are several factors that can influence the duration of settling a personal injury case in Texas. Medical Treatment and Recovery First and foremost, your health takes precedence. Seeking immediate medical attention and following your doctor's advice is paramount. The length of your recovery and the extent of your medical treatment will undoubtedly impact the overall timeline. … [Read more...]
Prenups in Texas: How Will They Hold Up in Court?
Prenuptial agreements, commonly referred to as prenups, are legally binding contracts designed to protect the financial interests of individuals entering into marriage. In Texas, as in many other states, these agreements are becoming increasingly common. But how well will a prenup hold up in court in the Lone Star State? Understanding Prenuptial Agreements in Texas Before discussing their enforceability, it's important to understand the basics of prenuptial agreements in Texas. A prenup is a legal contract that is entered into by a couple before they get married. These agreements … [Read more...]
New Child Support Law in Texas: Enforcing Obligations
In the ever-evolving landscape of family law, Texas has taken a significant step towards ensuring that child support obligations are met. The 88th legislative session brought forth a new law, effective as of September 1st, 2023, which grants the courts more authority to enforce child support orders. This law empowers courts to order child support obligors to find employment and holds them accountable for satisfying both past due and current child support obligations. This groundbreaking development, detailed in Texas Family Code 154.017, significantly strengthens the state's commitment to … [Read more...]
The Importance of Eyewitnesses in Personal Injury Cases
Personal injury cases are often challenging legal battles, involving individuals seeking compensation for injuries sustained due to negligence or malpractice. In such proceedings, eyewitness testimonies play a critical role in providing essential evidence to determine liability and achieve justice for the injured parties. Providing Firsthand Account of the Incident Eyewitnesses bring an invaluable human perspective to personal injury cases. They are individuals who were present at the scene or witnessed the events leading up to it. As such, their testimonies offer a firsthand account of … [Read more...]
Do All Wills Have to Be Probated in Texas?
In Texas, when a person dies and leaves a will, that will must be submitted to the court. However, all wills do not have to be probated. For a will to be admitted to probate, the court must determine a necessity for administration. Only estates with no contests, no real property, no debt, and no accounts without satisfactory beneficiary designations can really avoid probate. All others require the probate court to direct the proper distribution of the decedent’s (the person who died) assets, although there are several procedural options within the probate umbrella. If the decedent did not name … [Read more...]
When Should I Contest a Will?
On occasion, a Will offered for probate does not reflect the true wishes of the person and the probate of that Will may be contested. The state of Texas wants to be sure the wishes of the testator (the person who wrote the will) are followed, but certain circumstances may show the Will is not valid. Will contests are frequently difficult and costly, and strong evidence will need to show the Will is not valid. How to Begin a Will Contest: Filing the Petition and Standing The first step in contesting the will is to file a petition in probate court after the will has been admitted. You … [Read more...]
Are Car Accident Settlements Taxable in Texas?
Texas does not have a personal income tax, so there is no need to be concerned about claiming any of your personal injury settlement or jury award as income for Texas tax purposes. The only concern is whether you are expected to claim the money as personal income when submitting your federal IRS tax return. Springer & Lyle provides you with some of the information you need to be sure you comply with the relevant law. Does the Federal Government Tax Your Personal Injury The IRS code establishes how you are to handle the different aspects of your personal injury award that you receive … [Read more...]
