Can I Elect to Receive a Life Estate Instead of an Intestate Share in Texas?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Texas for guidance on your specific situation. Detailed Answer Under Texas law, when someone dies without a valid will (intestate), the Texas Estates Code dictates how their estate is divided among heirs. There is no statutory […]
Read article →How Does an Executor Obtain an EIN for the Estate in Texas?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation. Detailed Answer When someone passes away, the court usually appoints an executor (personal representative) to manage the estate. One of the first tasks is obtaining an Employer Identification Number (EIN) […]
Read article →What is the difference between common and solemn form probate in Texas?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Texas does not use the terms “common form” and “solemn form” probate. Those labels apply in North Carolina. In Texas, you’ll find three principal probate processes: 1. Muniment of Title • Purpose: Proves a valid will and transfers title […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate in TX?
Year’s Allowance in a Texas Estate: Do You Need to List Personal Property? Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified Texas probate attorney. Detailed Answer Under Texas law, a surviving spouse or minor children may claim a year’s allowance—an […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in Texas
How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in Texas Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation. Detailed Answer When someone dies leaving a will, Texas law requires the original document […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Texas
Detailed Answer When you retain an attorney to open or administer a probate estate in Texas, the initial probate representation agreement—often called an engagement letter—defines which tasks your lawyer will handle under the agreed fee. Clear scope-of-work provisions protect both the client and the attorney. In Texas, lawyers must comply with Rule 1.04 of the […]
Read article →May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties in Texas?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. If you need guidance on your specific situation, consult a licensed attorney. Detailed Answer If you are an “interested person” under Texas law—such as an heir, devisee, creditor, or beneficiary—you may petition the probate court to remove an estate administrator (also […]
Read article →How can I request an extension for filing a final accounting in Texas probate?
Detailed Answer Under Texas law, a personal representative must file a final accounting before closing an estate. By default, the final accounting is due at the time the representative applies for discharge. See Tex. Est. Code § 405.104. If you cannot meet that deadline, you can ask the probate court to extend the time to […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Car Accident Claim in Texas?
Detailed Answer Under Texas law, only a court-appointed personal representative of the decedent’s estate may file a wrongful death lawsuit. The Texas Civil Practice and Remedies Code requires this appointment: Tex. Civ. Prac. & Rem. Code §71.002 (Wrongful Death Claim by Personal Representative) To obtain letters testamentary or letters of administration, you must open an […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in Texas?
Detailed Answer In Texas, a wrongful death action proceeds under Chapter 71 of the Texas Civil Practice & Remedies Code. When a court awards damages, the judge orders payment to the personal representative (executor) of the decedent’s estate. The personal representative must then distribute those proceeds to the “wrongful death beneficiaries” according to statute. See […]
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