Texas Probate Blog

The Wright Firm, LLP

Dallas Probate Attorney: What are “Nonprobate Assets”?

Nonprobate assets are interests that pass at death other than by will or by intestacy. Nonprobate assets typically fall into one of four categories: 1) property passing by contract; 2) property passing by right of survivorship; 3) property held in trust; and 4) pay on death arrangements.                 Property passing by contract generally include life […]

Dallas Probate Attorney: Probate Legislation Update 2011

Dallas Probate Attorney: The 82nd Texas Legislature passed new legislation that became effective on September 1, 2011, which included several changes to the Texas Probate Code. One of the most notable changes is to Section 59 of the Probate Code. Specifically, SB 1198 amends Section 59 to allow for an additional process for a will […]

Is there a time limit for when a will may be probated?

Put simply, yes. A will cannot be admitted to probate more than four years after the testator’s death. However, if the time has lapsed and the offering party can show that he or she was not in default in failing to present the will within the four-year period, the will may be admitted to probate. […]

Dallas Probate Attorney: CAN MY SPOUSE STILL TAKE UNDER MY WILL IF WE GET DIVORCED?

No. Texas law provides that any and all provisions in a will with regards to a former spouse are null and void. Specifically, Texas courts have held that the provisions in favor of a former spouse “must be read as if the former spouse failed to survive the testator.” It is still important to update […]

Texas Elder Law: PROTECTING YOUR ELDERLY PARENTS AT HOME

In the 90’s, one of the most recognizable commercial catch phrases, besides “clap on, clap off” was “I’ve  fallen and I can’t get up.” The slogan gained popularity and became widely used in many comedic situations, including a Saturday Night Live skit. Although the overly dramatized commercial is seen as humorous to many, the real […]

TEXAS PROBATE ATTORNEY: IF I DIE WITHOUT A WILL WHAT’S THE BIG DEAL, EVERYTHING GOES TO MY SPOUSE, RIGHT?

Because Texas is a community property state, It is a common misconception that if a decedent dies without a will (“intestate”), his or her entire estate will pass automatically to his or her surviving spouse. This does not always hold true. Sections 38, 43 and 45 of the Texas Probate Code dictate the intestate distribution […]