Texas Probate Blog

The Wright Firm, LLP

The Dallas Divorce Attorney: Division of Property: Inheritances and Property in Probate

The Division of Property: Inheritances and Property in Probate             I have had a few clients come to me recently who have asked whether property that is still in probate needs to be disclosed in their divorce.  The question often arises because they are worried that disclosing this property may result in the Court awarding […]

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 Lawyer: RECOGNITION OF HANDWRITTEN WILLS IN TEXAS

Dallas Probate Lawyer: Texas is among 20 or so other states that recognize handwritten wills, known as a holographic wills. A holographic will must be completely in the Testator’s handwriting and signed by the Testator. A holographic will can be written on anything, even a paper that contains printing, as long as the printed words […]

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 […]

Dallas Probate Attorney: WHAT ABOUT FLUFFY?

If you are a pet owner, like me, you more than likely consider your pet (whether dog, cat, bird, or even lizard) as a dearly loved family member. So then why do so many of us forget about them when it comes time to draft our wills? I first became aware of the concept of […]

DALLAS PROBATE ATTORNEY: WHAT IS A POWER OF ATTORNEY?

A power of attorney is a document that one enters into to grant specific decision making rights to a trusted love one or friend. There are two types of power of attorneys, durable and nondurable. The most widely used is the durable power of attorney, which does not terminate upon the disability or incapacitation of […]

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 […]

DALLAS PROBATE ATTORNEY: WHAT IS A LIVING TRUST?

A living trust is a commonly used estate-planning tool that transfers real and personal property in to a trust while the grantor is living in order to avoid probate, reduce estate taxes and manage property. Living trusts are created by a document called a Trust Agreement, which sets forth who the trustee and beneficiaries are […]

Denton Texas Wills for Heroes!

Denton Texas Wills for Heroes!: Believe it or not – lawyers (and legal assistants) DO have hearts!  And this year attorneys and paralegals around Denton County are donating their time to show some love for local heroes. This month the Denton County Bar Association is sponsoring the “Wills for Heroes” event.   Local attorneys and paralegals […]

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 […]

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