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...]
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 … [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 … [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...]