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When a loved one passes away, the process of distributing their assets can be a difficult and emotional time for family members. In some cases, assets may go unclaimed, leaving the next of kin wondering what to do. This is the situation for our protagonist in this case study, who was told by his aunt…

Probate is the legal process by which a court oversees the distribution of a deceased person’s assets and property. In Texas, probate can be a complex and time-consuming process, especially when it comes to appeals. In this article, we will discuss the concept of restricted appeals in Texas probate cases and what it means for…

When a person passes away in Texas, their estate must go through a probate process in order for their assets to be distributed to their beneficiaries. As part of this process, an inventory of the decedent’s assets must be created and filed with the court. This inventory is an important document that lists all of…

Will contests in Texas probate courts are legal proceedings in which the validity of a last will and testament is challenged. These types of cases can be complex and emotionally charged, as they often involve disputes between family members over the distribution of a loved one’s assets. Validity of a Will in Texas In order…

As the population of Montgomery County continues to grow, so does the need for efficient and effective courts to manage the increasing number of cases. To address this, State Representative Will Metcalf has filed House Bill 1436, aimed at converting Montgomery County at Law No. 2 into a probate court. What Is a Dedicated Probate…

Death is a difficult thing. It can feel sudden and overwhelming, no matter the circumstances. During this time of grief, it’s understandable that you may not be thinking about the practical considerations involved in dealing with the death of a loved one. But these are important arrangements to make in order to take care of…

One of the key principles of wills and trusts law is that a will should be given effect as written, unless it is shown that the will was procured by fraud, duress, or undue influence. This principle, known as the “rule against perpetuities,” is based on the idea that a person’s wishes should be respected…

A Texas Small Estate Affidavit is a legal document used to help heirs of an estate receive the property of someone who has passed away without having to go through the traditional probate process. It’s specifically designed for estates with a value of less than $75,000. If you’re dealing with a small estate in Texas,…

A transfer-on-death (TOD) deed, commonly known as a beneficiary deed, is an important tool in Texas estate planning. It allows you to transfer ownership of certain types of property upon your death to someone else without going through the probate process. The TOD deed has become increasingly popular in recent years due to its simplicity…

Courts make decisions based on the existing legal framework and precedents. These decisions create frameworks for future decisions made by the same court. A court first impression is a decision that is, at least in part, new or not bound by prior precedent, so it sets a new precedent. What is a Case of First…