If you believe that your loved one was not of sufficiently sound mind to understand the estate planning and probate process, you are questioning their testamentary capacity. It is generally difficult to challenge a will, but this is one of the most common reasons for...
Under certain circumstances, heirs may submit a handwritten will for probate. As explained by the University of North Texas at Dallas, handwritten wills, also called holographic wills, generally arise during a severe emergency such as an unexpected life-threatening...
As the parent of a special needs child, you likely spend a good portion of your time making sure that he or she receives the help he or she needs. But what happens when you are no longer around to oversee that help? Establishing a special needs trust for his or her...
A trustee is a fiduciary, meaning the trustee has a general duty to manage and protect the trust assets of the beneficiaries. Depending on the trust you create, your trustee may have different duties from other trustees. If you have a family member who struggles with...
A loved one designated you the executor of her or his estate. You know the role requires you to distribute assets, but you must also handle the decedent's outstanding debts. American Bar Association breaks down how to pay off debts while acting as an estate executor....
In this day and age, a recent surge in "do it yourself"-style estate plan options have inundated the market. These boilerplate forms offer an inexpensive, easy way for people to create an estate plan, and some of them do have benefits. However, these templates often...
During the creation of your estate plan, you will most likely run into terms like wills and trusts. In fact, many people will have both of these things in their own estate plans, because each holds a different purpose and fulfills a different goal. So what are the...
Based on whether a deceased individual created a will, a Texas probate court judge may have a significant role in distributing his or her assets. As noted by SmartAsset, if you die with a will, the probate court judge has responsibility for proving its validity and...
When it comes to your estate plan, you have a lot of important decisions to make. One major decision, if you choose to establish a trust, is to choose your trustee. According to CPA Journal, the trustee controls your trust. Strong sense of judgment Your trustee has...
The Texas Estate Code allows the courts to appoint a guardian to oversee an individual's property, assets and finances. As noted by the Texas Department of Family and Protective Services, adults with a physical or mental impairment who cannot manage their financial...