Texas Probate Blog

The Wright Firm, LLP

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 […]

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 […]

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, […]

Royal Reminder

The Royal Wedding is a great reminder that change is a constant in life. As an estate planner, I wonder if William and Kate have updated their wills? I’m sure the Royal Couple has counsel on it as I type. So when should you update your estate plan? As I  instruct my clients – you […]