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 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 […]

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 […]