Common 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....
Continue ReadingWhether you are the executor of an estate or a beneficiary, you may be embroiled in estate litigation. You want a skilled lawyer to fight your case. However, the costs of litigation can be substantial. Thus, you’d probably like to know, Who pays attorney litigation fees for an estate in Texas? Below, we explain who covers estate litigation fees...
Continue ReadingMany couples move in together before getting married. Perhaps you want to take your relationship to the next level but aren’t ready for marriage. However, you’ve heard about common law marriage and want to ensure that you don’t inadvertently become legally married. How do you stop a common-law marriage in Texas? What Is Common Law Marriage? What is common...
Continue ReadingThe terms, distribution, and management of a trust can be contentious, particularly if the person who established the trust dies. Litigation might be necessary to interpret the trust, alter its terms, or resolve management issues. But what is the process of trust litigation in Texas? Texas Trust Basics To understand the process of trust litigation in Texas, you must...
Continue ReadingLife presents many instances when we must place our trust and confidence in a knowledgeable advisor such as a lawyer, corporate director, real estate broker, or executor. By doing so, we often put our financial well-being on the line. Because courts and legislators recognize the risk inherent in these relationships, the law requires these trusted individuals to act in...
Continue ReadingTexas is one of a handful of states that recognizes informal marriages as valid. These marriages are not entered into during a ceremony or consecrated in church. The couple does not obtain or file a marriage license. Yet if they satisfy the statutory requirements, Texas law views these individuals as legally married and entitled to all of the benefits...
Continue ReadingA 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...
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