Many couples move in together before getting married. Perhaps you want to take your relationship to the next level but aren’t ready for marriage. However, you’ve heard about common law marriage and want to ensure that you don’t inadvertently become legally married. How do you stop a common-law marriage in Texas? What Is Common Law Marriage? What is common...
Continue ReadingThe terms, distribution, and management of a trust can be contentious, particularly if the person who established the trust dies. Litigation might be necessary to interpret the trust, alter its terms, or resolve management issues. But what is the process of trust litigation in Texas? Texas Trust Basics To understand the process of trust litigation in Texas, you must...
Continue ReadingLife 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...
Continue ReadingTexas 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...
Continue ReadingA 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...
Continue ReadingThe 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...
Continue ReadingHand 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...
Continue ReadingThere 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...
Continue ReadingContesting a will is an expensive way to question if someone’s will is valid. The process involves litigation, which means you’ll owe court costs and attorney fees. You may be wondering, How much does it cost to contest a will in Texas? Today we will examine that question. How Much Does It Cost to Contest a Will in Texas?...
Continue ReadingAfter losing a spouse, the thought of going through probate may seem overwhelming. The good news is that not all estates must be probated. In this post, we’ll answer the question, Does a surviving spouse need probate in Texas? Spoiler alert: probate is only necessary if the deceased spouse passes away owning property held solely in their name. If...
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