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...]
Do I Need to Include Personal Belongings in My Will?
In Texas, if you die without a will, your property, including your real property and personal property, will be distributed according to Texas law. This may or may not be the way you want your property divided. It is possible that your siblings, parents, or grandchildren will not inherit anything. This is true even if all family members know that you wanted to leave a specific piece of personal property to a specific person. If you die with a will and do not specify how you want your personal belongings divided, your Executor will have the option to liquidate and divide the value or … [Read more...]
How Often Should I Review and Update My Will?
Everyone should draft a will, but once you have written your will, remember it is not carved in stone. When you are faced with life-changing events, you should review it to be sure it still reflects your wishes. Even if it seems that nothing has changed, you should still periodically review your will for the same reason: Does your will still do for you and your heirs what you want it to. Reviewing and Updating Your Will After Life Changes It is a good idea to review and update your will when you experience a major life change such as: Even if you do not experience any life … [Read more...]
Do I Need a New Will After My Divorce?
One important part of your divorce settlement agreement should be making changes to your will. There are unfortunate consequences if you fail to do this. Drafting a New Will After the Divorce If you have named your spouse in your will as the beneficiary of most of your assets when you die, that is who will inherit your assets if you do not change your will at the time of your divorce. It won’t matter how long you have been divorced. If your will remains unchanged, your named beneficiary, your ex-spouse, will inherit under the terms of your will even if you have been divorced for … [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...]
When Do I Have to Probate a Will in Texas?
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...]
My Parent Didn’t Have a Will: What Should I Do?
If someone dies intestate, that means they died without leaving a will. When that happens in Texas, the law is clear about what happens next. If your parent dies intestate, what happens to the estate will depend on whether your other parent is still alive and was married to your deceased parent at the time of the death. Petition the Probate Court to be the Executor You, another family member, or a person your parent trusted may petition the court and ask to be appointed executor of the estate. The court will then send notices to parties it believes may be interested to give them a chance … [Read more...]
Can an Executor of a Will Be Removed?
Executors of estates can be removed, but not just because disgruntled heirs do not like them. Texas law allows the removal for specific reasons and has an established procedure for making this happen. Some Reasons for Removing an Executor of a Will There are several reasons an executor may be removed. For example, if the executor has: Mismanaged the funds either intentionally such as embezzling, or by negligence. If theft of property is proved, the executor may also be criminally prosecuted.Has a conflict of interest. One court found … [Read more...]
How Do I Contest a Will?
Contesting a will involves overcoming challenging legal burdens and difficult and long-standing family discord. The law limits who can contest the will and the circumstances under which the will can be deemed invalid. At Springer & Lyle, we understand these emotional difficulties and work with you to be sure contesting the will is in your best interest. Only an “Interested Person” Can Contest a Will According to Texas law, only an interested person may contest the terms of the will. An interested person is generally one who is an heir, … [Read more...]
Will Contests
Will contests don’t just happen in soap operas and movies. They occur when a person files legal documents with the court asking it to deny the admission of the will into probate, and stop the distribution of a decedent’s estate. Springer & Lyle not only drafts wills and trusts for clients, but we also represent parties in litigation if a will is contested. Many lawyers that practice in probate just don’t have the litigation and trial skills to do that. Some common grounds for will contests follow. Unsound Mind The testator is the person who either drafted the will or had it … [Read more...]
