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...]
Can I Modify My Divorce Settlement?
Texas law makes it clear that a final judgment concerning the division of community property cannot be modified. Other orders, such as those for child support, child visitation, and spousal support can be modified if there has been a change in circumstances since the original order, but the order dividing community property cannot be modified. Even if it is discovered that one asset was not divided, that is not considered cause to modify the final judgment. There is one narrow exception. If the judgment was based on “fraud on the community,” the court may revisit the property division and … [Read more...]
What If I Am Partly Responsible For An Accident?
In Texas, to collect damages for an accident, you must prove the other party or parties were at fault for causing the accident. This is not always as easy as it sounds. At Springer & Lyle, if you were in an accident, we will investigate the case and help you in proving fault. The party from whom you are trying to collect damages may claim that you were at least partially at fault. For example, if you were a pedestrian and hit by a car, and you claim the driver was negligent, the driver may allege you were also at fault because you were crossing in the middle of the road and not in a … [Read more...]
I Never Probated the Will and I Need to Sell the House
In order to sell a house, you must have clear title to that home. If the legal owner of the property died and left you that house in their will, but you never probated the will, the answer to whether you can now sell the home depends on many factors. When someone dies with a will, Texas law requires that will to be submitted to probate within four years of the death. The probate court oversees the distribution of assets to be sure that, after all the decedent’s debts are paid, the assets are distributed according to the written wishes of the decedent. Transfer of assets by the probate … [Read more...]
What Happens When Someone Dies Without A Will in Texas?
If someone dies in Texas without a will, the Texas Estates Code governs how the estate is distributed. A person who dies without a will is said to have died “intestate.” The law provides complicated guidance as to how property of a person who dies intestate is divided. The important thing to remember is that the estate does not automatically go the state but is distributed among the decedent’s closest relatives. Property Exempted from Intestate Estate Distribution Laws Some types of property are exempted from the Texas Estates Code distribution laws that apply to … [Read more...]
Do Grandparents Have Visitation Rights in Texas?
If you have grandchildren, you may think that alone gives you the right to visit with them no matter what the parents say. Unfortunately, you would be wrong. If either parent objects to you spending time with your grandchildren, you have no constitutional right to visit them. The U. S. Supreme Court has ruled that the Due Process Clause of the Fourteenth Amendment to the U.S constitution “protects the fundamental right of parents to make decisions concerning the care, custody and control of their children." This includes the right to say that grandparents may not visit their … [Read more...]
How Long Do You Have To Report a Car Accident in Texas?
Every year, thousands of people are killed or seriously injured on Texas roadways. Our goal at Springer & Lyle is to help those who have been injured due to the negligence of another driver collect all the damages to which they are legally entitled. Motor Vehicle Accident Statistics The Texas Department of Transportation (DOT) reports that in 2021, the most recent year for which there are statistics, there were 4,701 people killed in motor vehicle accidents on Texas Roadways. This was the second most deadly year for traffic deaths and injuries in Texas history. This was an … [Read more...]
Common Law Marriage in Texas
Texas is one of a handful of states that recognizes a common law, or informal, marriage. If a person can prove to a court that the couple had a common law marriage, then they will have the same benefits as those who had a marriage ceremony and obtained a legal marriage license. If the couple separates, the court cannot make any orders regarding property division, child custody, child support, or spousal support unless the court first rules that there was a common law marriage. However, they choose to prove the marriage, both parties must be at least 18 years old. Filing a Declaration of … [Read more...]
