Texas Probate Blog

The Wright Firm, LLP

Dallas Probate Lawyer: I have a Physician’s Directive, why do I also need a HIPPA Authorization?

I have a Physician’s Directive, why do I also need a HIPPA Authorization?  To have a complete estate plan, it is necessary to execute a HIPPA Authorization form in conjunction with a physician’s directive and other estate planning documents. In 2003, the Federal Government passed the Health Insurance Portability and Accountability Act (HIPPA), which protects […]

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 […]

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 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 […]

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 […]

What Happens If You Die Without a Will in Texas?

The State of Texas doesn’t take the property of someone dying without a Will. So, what are the results in Texas if you don’t have a Will. In Texas, the law dictates the way the assets of somebody dying without a Will are divided upon their death. Should you die without a Will in Texas, […]