Ancillary probate is a legal process used when someone dies with assets in a state other than the state where they lived. It is a supplementary probate process that is required in addition to the main probate proceedings in the decedent’s home state. Ancillary probate ensures that the non-resident assets are properly distributed to the correct beneficiaries. However, it...
Continue ReadingSuing a trustee for a breach of fiduciary duty is the only way for a beneficiary to recover a loss in trust value or profits. When a beneficiary files a lawsuit, they can enforce the trustee’s duties and stop them from harming their share. If the damage is irreparable, the court can remove the trustee and order them to...
Continue ReadingWhen a person passes away, the surviving spouse has a right to claim a part of their estate. If another heir challenges your inheritance rights, the probate court may ask for legal proof of the marriage. Texas law recognizes common-law or “informal” marriage for couples that live as a married couple without formalizing the marriage. Couples in informal marriages...
Continue ReadingWhen your loved one dies, everything they own goes into an estate, which must go through probate. Probate is the process of validating a will, administering payment of expenses, taxes, and creditors, and distributing property to the beneficiaries. Given the number of interests involved, disagreements are almost inevitable. If you are in dispute over your loved one’s estate, a...
Continue ReadingWhen a person passes away, their property is placed into an estate, and their will determines who gets a share of it. Before the beneficiaries can collect their inheritance, the will must go through probate. Probate ensures that a person’s will is valid and that all bills are paid before inheritances are distributed. The probate court may only handle...
Continue ReadingWhen you appoint someone as your attorney-in-fact, trustee, administrator, or executor, you trust them to act in your best interests. In fact, they have a legal obligation to do so. If they don’t, you or your estate can file a breach of fiduciary claim to recover any damages you might have suffered as a result of the breach. When...
Continue ReadingCommon law marriage (or informal marriage) is a legal mechanism for a couple to access marital rights without a formal ceremony. Both heterosexual and homosexual couples may have a common law marriage. In Texas, the two parties must: The law does not require you to live together for a set time before you can have a common law marriage....
Continue ReadingWhen you make a will, you want your wishes to be carried out as you have specified. Before your family can receive any distributions from your estate, the probate court will make sure that your will is valid. If any of your family members disagree with the will presented to the probate court, they can challenge its validity. That’s...
Continue ReadingIndividuals create estate plans to help secure their family’s future after they’ve departed. Often, when planning, questions about employer-sponsored retirement plans arise. When you enroll in an employer-sponsored retirement plan, you designate beneficiaries and trust that your employer and investment company will do the right thing regarding your investments.These plans must be managed by fiduciaries for the benefit of...
Continue ReadingCouples often live together for many years without formally marrying. Sometimes people take this step to progress their relationship without committing to marriage. Dating companions don’t have any automatic rights regarding inheritances from their partners. Suppose, however, you’ve lived as spouses without the formalities of marriage. A common-law spouse is entitled to inherit just as a formal spouse would....
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