A fiduciary duty arises from a special relationship of trust and confidence. It requires the fiduciary to act in the best interests of another person. The law formally imposes this duty for some interactions—like when it requires lawyers to put their clients’ interests before their own. In other cases, Texas courts recognize an informal fiduciary duty. This obligation stems...
Continue ReadingThe term “will” is commonly used in estate planning. However, a will can refer to a few different estate planning instruments. There are also different types of legal wills in Texas. So if you are wondering what types of wills are needed in Texas, read on to learn more. Last Will and Testament A last will and testament, more...
Continue ReadingHand writing your own will might seem like a good idea. You can put down exactly what you want without paying a lawyer to do it. So are handwritten wills legal in Texas? Yes, but they come with risks. Is a Handwritten Will Legal in Texas? So, is a handwritten will legal? Texas recognizes handwritten wills (also known as...
Continue ReadingThere are several different types of probate in Texas, but they are not all created equal. They range from formal proceedings in front of a judge to filing an affidavit. The kind of probate that’s best for you depends on the estate and the circumstances surrounding it. What Is Probate? Before diving into the types of probate administration in...
Continue ReadingContesting a will is an expensive way to question if someone’s will is valid. The process involves litigation, which means you’ll owe court costs and attorney fees. You may be wondering, How much does it cost to contest a will in Texas? Today we will examine that question. How Much Does It Cost to Contest a Will in Texas?...
Continue ReadingAfter losing a spouse, the thought of going through probate may seem overwhelming. The good news is that not all estates must be probated. In this post, we’ll answer the question, Does a surviving spouse need probate in Texas? Spoiler alert: probate is only necessary if the deceased spouse passes away owning property held solely in their name. If...
Continue ReadingEstate plans are not just for elderly folks, wealthy business tycoons, or married couples with kids. Every adult should have an estate plan, but unfortunately, two-thirds of Americans do not even have a will. If you have not done any estate planning, now is the time to act—and today, we’ll explain why. What Goes Into an Estate Plan? Before...
Continue ReadingMost people think that probate is expensive and that the process has the potential to deplete an entire estate. However, that’s not necessarily the case. So, how much does probate cost in Texas? Well, the truth is that the cost to probate a will in Texas depends on various things, such as the value of the estate, whether you...
Continue ReadingIf you are handling a modestly valued estate, you may be wondering if you have to go through the dreaded probate process. Probate is not just for million-dollar estates. So how much does an estate have to be worth to go to probate in Texas? The short answer is the type of assets in the estate, not their value,...
Continue ReadingProbate costs can drastically minimize an estate’s value, especially if it is a modest one to begin with. For those handling an estate with a small value, you may be asking, Do you have to probate a small estate in Texas? A small estate affidavit, or SEA, is an alternative to traditional probate in Texas for a small estate....
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