| Read Time: 3 minutes | Probate

Do All Wills Have to Go Through Probate in Texas?

When a loved one dies, you may assume the long, arduous, and expensive probate process lies ahead. But that may not be the case, even if your loved one has a will.  In general, probate is the legal process of gathering a deceased person’s assets and distributing them. A person’s will provides instructions on how to divvy up his...

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| Read Time: 3 minutes | Breach of Fiduciary Duty

How Are Damages Calculated in a Breach of Fiduciary Duty Case in Texas?

Life 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...

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| Read Time: 3 minutes | Marriage

How Do I Claim Common Law Marriage in Texas?

Texas 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...

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| Read Time: 3 minutes | Breach of Fiduciary Duty

Common Examples of Breach of Fiduciary Duty in Texas

A 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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| Read Time: 3 minutes | Wills

Who Inherits Property If There Is No Will in Texas?

If you die without a will in Texas, state law creates one for you. The Texas laws of intestate succession determine who inherits property if there is no will and how much they get. Unfortunately, this may have unwanted consequences. In this blog, we briefly summarize the rules of inheriting property without a will in Texas. Who Inherits Property...

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| Read Time: 3 minutes | Wills

Types of Wills in Texas

The term “will” is commonly used in estate planning. However, a will can refer to a few different estate planning instruments. There are also different types of legal wills in Texas. So if you are wondering what types of wills are needed in Texas, read on to learn more. Last Will and Testament A last will and testament, more...

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| Read Time: 4 minutes | Wills

Texas Will Requirements: What Makes a Will Valid?

A will is a key estate planning document that instructs the court on managing your affairs after death. Unfortunately, the will is completely useless if you do not meet all the legal requirements and properly execute the document. This blog explains what makes a will valid in Texas and discusses what happens if you don’t meet Texas will requirements....

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| Read Time: 3 minutes | Wills

Is a Handwritten Will Legal in Texas

Hand writing your own will might seem like a good idea. You can put down exactly what you want without paying a lawyer to do it. So are handwritten wills legal in Texas? Yes, but they come with risks. Is a Handwritten Will Legal in Texas? So, is a handwritten will legal? Texas recognizes handwritten wills (also known as...

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| Read Time: 3 minutes | Probate

Types of Probate in Texas

There are several different types of probate in Texas, but they are not all created equal. They range from formal proceedings in front of a judge to filing an affidavit. The kind of probate that’s best for you depends on the estate and the circumstances surrounding it.  What Is Probate? Before diving into the types of probate administration in...

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| Read Time: 3 minutes | Probate

How to Avoid Probate in Texas: The Dos & Don’ts

Probate gets a bad rap, and for a good reason. There are deadlines to meet, fees to pay, and hearings to attend—all while trying to grieve the loss of your loved one. Navigating an unfamiliar legal proceeding is probably the last thing you want to do during such an emotionally charged time. Luckily, there are ways of avoiding probate...

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