Undue influence can invalidate legal documents like wills or contracts when one party unfairly manipulates another. Understanding the four key factors that courts look for can help clarify how this legal concept works. 1. Vulnerability of the influenced party One...
Year: 2024
What is the difference between an inheritance and an heirloom?
In probate law, terms like "inheritance" and "heirloom" are often used when discussing the distribution of a deceased person's property. While these words may seem interchangeable, they refer to different concepts. Understanding the distinction between them can help...
Using a small estate affidavit to avoid probate
Probate can be a lengthy and costly process, but in Texas, certain estates qualify for a simpler method to transfer assets. One way to bypass the probate process is through a small estate affidavit. This legal tool provides a faster and more affordable solution for...
Tax laws for beneficiaries receiving assets from probate estates
Receiving assets from a loved one’s estate can be complex, especially when navigating taxes. Probate is the legal process that verifies a will and distributes the deceased’s assets according to their wishes. While often straightforward, beneficiaries should be aware...
What qualities does an estate administrator need?
You have to choose someone to be your estate administrator as you make your estate plan. The plan only offers guidance and expresses your wishes – who should get which assets and things of this nature. But you still need an estate executor or estate administrator to...
Can a family member act as a fiduciary?
If you are creating or updating your estate plan, you may be considering whether a family member can act as a fiduciary. The answer is yes, but there are important factors to consider. The role of a fiduciary A fiduciary handles critical tasks, such as managing...
How often should you review your estate plans?
Imagine the stress and confusion if your will, trust or other estate plans no longer reflect your current financial situation or family dynamics. It can leave your loved ones in a difficult situation as they try to navigate outdated or impractical instructions,...
Evaluating the role of a fiduciary in Texas
When managing finances, property, or other significant assets, it’s common to face the decision of whether to appoint a fiduciary. Many wonder if placing your assets in the hands of a fiduciary is a good idea or not. Understanding the responsibilities of a fiduciary...
What happens if an executor dies before administering an estate?
When planning your estate, it's important to choose an executor who will manage your assets after you pass away. If the executor dies before finishing their job, there are steps to ensure your estate is still handled properly. Naming a successor executor If an...
What executors need to know about dealing with estate taxes
Serving as an executor in Texas involves many responsibilities, including the management of estate taxes. Texas does not impose a state estate tax, making the process relatively simple. However, federal estate taxes can still apply depending on the value of the...

