| Read Time: 4 minutes | Marriage

Is Common Law Marriage Legally Binding in Texas?

When 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...

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| Read Time: 4 minutes | Estate Planning

How To Prepare Yourself for Estate Litigation in Texas

When 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...

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| Read Time: 4 minutes | Probate

Can You Probate a Foreign Will in Texas?

When 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...

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| Read Time: 4 minutes | Breach of Fiduciary Duty

How to Sue for Breach of Fiduciary Duty in Texas

When 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...

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| Read Time: 3 minutes | Marriage

Benefits of Common Law Marriage in Texas

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: Agree to be a married couple, Live together in Texas as a married couple, and Represent to others that they are...

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| Read Time: 3 minutes | Wills

What Invalidates a Will in Texas?

When 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...

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| Read Time: 3 minutes | Breach of Fiduciary Duty

What Are Fiduciary Responsibilities under ERISA?

Individuals 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...

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| Read Time: 3 minutes | Marriage

How to Prove Common-Law Marriage in Texas

Couples 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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| Read Time: 4 minutes | Litigation

Who Pays Attorney Litigation Fees for an Estate in Texas?

Whether 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...

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