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 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 […]

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 […]

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