When someone dies, probate is the process by which a court oversees the distribution of that person’s assets according to the terms of their will. There are some assets that pass to heirs outside of probate. Many surviving spouses do not realize that probate is necessary to transfer property purchased by the couple prior to one’s passing. When Do I Have to Probate a Will in Texas? Texas Estates Code requires the personal representative, or executor of the estate of the decedent to submit the will to the probate court within four years of the death of the decedent. If the representative … [Read more...]
Most Common Reasons People Get a Divorce
No couple gets married with the expectation of getting divorced. Things change over the weeks, months, and years that they are together. In the U.S., more than 50 percent of first marriages end in divorce. More than 60 percent of second marriages end in divorce, and 73 percent of third marriages end up in divorce court. Texas Allows for a No-Fault Divorce Texas ranks 15th among the 50 states for divorces. Texas provides for a no-fault divorce. This means that when one spouse files for divorce, the reason for the divorce is generally “insupportability.” That means the spouse does not … [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...]
Is Community Property in Texas Always Split 50/50 In A Divorce?
Texas is a community property state, which means all property acquired by a couple during their marriage is considered to belong equally to them both. This appears that the community property should then be split 50/50 between the spouses, but this is not always the way it turns out. Texas law instructs the court to “order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” This means property will not always be divided 50/50. Factors Court Considers … [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...]
Swimming Pool Accidents in Texas
With COVID-19 stay-at-home recommendations, more people are building swimming pools and more people are staying at home swimming in them. They may have a few people at a time over to share the outdoor swimming experience. Along with increased pool usage comes increased incidents of drowning or near-drowning cases. Unfortunately for Texas, it ranks first in the list of states for pool drowning deaths. It is important for everyone, especially adults, to know what drowning looks like, and what the aftermath may be for those who survive a near drowning experience. What Drowning Looks … [Read more...]
Co-Parenting in Texas
Texas family law stresses the importance of parenting after a divorce. Like the Texas divorce courts, the family law attorneys at Springer & Lyle will look out for the best interests of the children who will be affected by a divorce. We will help you develop a strong parenting plan, one that encourages co-parenting. Co-parenting in Texas Co-parenting is neither a rule nor a law; it is a concept about post-divorce child rearing. Many couples in the midst of a divorce believe that after it’s all over, they will never have to deal with their former spouse again. This is … [Read more...]
In Texas, What Do I Need To Know Before Filing A Personal Injury Claim?
A personal injury claim covers many different types of injuries: slip and fall accidents involving premises liability law, motor vehicle crashes, dog bites, medical malpractice, product liability, and any time you suffer an injury that was the fault of another person or company. Before you file a personal injury claim, we invite you to schedule a free consultation with one of our personal injury attorneys at Springer & Lyle. We can evaluate the facts of your case and provide you what you need to know before filing a personal injury claim. Some specific areas you need to be … [Read more...]
Identifying the Parties at Fault in a Truck Accident Case
Learning how an accident occurred and who caused the wreck is the first step in deciding who to include in a personal injury lawsuit. This is a complicated process that requires an experienced attorney where a truck accident is concerned. The companies and firms involved in the transport of goods via 18-wheeler can be numerous, and often, more than one party may have been negligent in causing or contributing to an 18-wheeler accident. Potentially liable parties can include: Truck Drivers: We have handled cases in which drivers have operated 18 wheeler trucks for long hours and were … [Read more...]
Understanding a Texas Personal Injury Case
When going through a personal injury lawsuit in Texas, you should be familiar with the laws. Depending on the type of injury, many of these laws could surface during your case. Being prepared could mean a favorable outcome. Procedures for a personal injury lawsuit can vary from state to state. Experienced attorneys at Springer & Lyle will share details on Texas personal injury law. What to do when you first have an accident Once you’ve had medical treatment, get a legal consultation as soon as you can to determine if you need an attorney. It’s important to have details of your accident … [Read more...]
