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: 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: 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 […]

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 […]

The Small Texas Estate

Frequently, we encounter situations where people pass away without a will, but with a small estate that still needs to be settled.  The Texas Probate Code provides a mechanism for this situation called a Small Estate Affidavit.  In this situation, the heirs of a decedent who dies without a will quite simply file an affidavit […]

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, […]

Take care of your RX

The Texas Health and Safety code has made it illegal to among other things possess controlled substances without a proper prescription.  These controlled substances are divided up into Schedules and subsequently Penalty groups based upon their chemical compounds and the result or affect of the controlled substance on the human body.  The most common mistake […]