If your adult siblings refuse to leave your deceased parents’ house, there are legal actions you can take. The appropriate course of action for your situation will depend largely on who inherited the home. For instance, if the sibling did not inherit the home, whoever received ownership can pursue an eviction. However, under Texas law, …
How Do I Get My Siblings Out of Our Deceased Parents’ House? Read More »
In Texas, while an executor of an estate does have to file an inventory, appraisement, and list of claims with the probate court, they are not necessarily required to show accountings to beneficiaries. A personal representative must file an inventory of the estate assets within 90 days of qualification. After that, in a dependent administration, …
Does an Executor Have to Show Accountings to Beneficiaries? Read More »
An IRA, or Individual Retirement Account, is a tax-deferred retirement savings account. Like most bank accounts, an IRA allows you to designate a beneficiary or beneficiaries who will inherit the account after your death. This enables you to pass an inherited IRA to your heirs outside of probate. If you and your siblings have jointly …
How Do You Split an Inherited IRA Between Siblings? Read More »
In general, a “muniment of title” refers to deeds and other written documents that prove title to property, such as wills and court judgments. Texas is the only state in the country that allows a will to be probated as a muniment of title. This allows smaller estates with limited debts and assets to avoid …
In Texas, you cannot assume ownership of someone else’s property by simply paying the balance of unpaid property taxes. However, you can purchase real estate, often at a discounted rate, at a tax foreclosure sale. According to Texas Tax Code § 32.01, a tax lien automatically attaches to real estate on January 1 of each …
What Happens If You Pay Someone Else’s Property Taxes In Texas? Read More »
Tortious Interference with Inheritance Rights is a type of lawsuit that is only allowed in certain states. This cause of action allows a plaintiff to sue a defendant who intentionally prevented them from receiving an inheritance or gift through fraud or coercion or undue influence. To succeed in a tortious interference with inheritance rights claim, …
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The Uniform Electronic Transactions Act (UETA) is a “model” legal code, which means that states must pass their own legislation for it to become law. The UETA gives electronic signatures the same legal validity as a handwritten “wet” signature for certain transactions that the parties have agreed to conduct electronically. Every state except New York …
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Yes, Texas’s trust code can be found in Subtitle B of Title 9 of the Texas Property Code. While all of Title 9 governs trusts, Subtitle B is referred to as the “Texas Trust Code.” It contains almost all of the relevant provisions regarding trusts and their creation, administration, and termination. Here’s a quick guide. …
The Uniform Probate Code, abbreviated as the UPC, is model legislation regarding inheritance and estate law. The UPC was drafted by the National Conference of Commissioners on Uniform State Laws to streamline the probate process and standardize state laws about wills and trusts across the country. Texas is not a Uniform Probate Code state, and …
Texas Property Code Chapter 112 is part of the Texas Trust Code. A trust is a legal arrangement where one party, called the “trustee,” holds legal title to certain property and manages it for the benefit of other parties, called the “beneficiaries.” Chapter 112 of the Texas Trust Code governs the creation, validity, modification, and …
Texas Estates Code Section 256.204 contains the filing deadline or “statute of limitations” for a will contest lawsuit. It states that “after a will is admitted to probate, an interested person may commence a suit to contest the validity thereof not later than the second anniversary of the date the will was admitted to probate.” …
“Per stirpes” is a Latin phrase that means “by roots” or “by branch.” In the estate law context, it is a method of distributing estate assets that allows a beneficiary’s heirs to receive their inheritance if they pass away before the person creating the will. This concept is best illustrated through an example: Say Anna …