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 […]

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 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 […]

TEXAS PROBATE ATTORNEY: WHAT IS A SELF-PROVING AFFIDAVIT FOR A WILL?

TEXAS PROBATE ATTORNEY: WHAT IS A SELF-PROVING AFFIDAVIT FOR A WILL? Texas courts allow self-proving affidavits to validate a will without requiring family members or friends to offer testimony or evidence at a hearing to determine if the Will is really that of the decedent. The self-proving affidavit is made and signed at the same […]

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 […]

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 […]

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