In the first part of this post, I talked about what probate is about. In this part, I want to talk about some of the problems that can occur when someone tries to avoid probate because they are afraid of it. Recently, people have been buying trust packages from someone who comes into town and [...]
Archive of entries posted on December 2008
What in the world is a “pretermitted child”?
A pretermitted child is a child who is born or adopted after a will is made and is not otherwise mentioned in the will. Most states have statutes that deal with this issue. In Texas, the statute provides that if the child is not otherwise provided for by the deceased parent, the child will take [...]
What happens if you get divorced after making your will?
Texas law provides that all provisions in a will in favor of a former spouse “must be read as if the former spouse failed to survive the testator” and are null and void. Therefore, if you get divorced and don’t change your will, you ex-wife will not inherit under your will even if you want [...]
How I learned to stop worrying and love probate, Part 1.
Most people don’t know what probate is but they know that they don’t like it. They know that they should be afraid of it and try to avoid probate at all cost. This fear of probate has come about recently because of some individuals or groups trying to sell people, mostly seniors, trust forms or [...]
Should I have a will?
The short answer is yes. If you don’t have a will, your estate will go to your heirs as determined by statute. That may be what you want but what if you are married and have children from a prior marriage. If you die without a will, your property, including your home, will go to [...]
Welcome to the blog of TheProbate.Net
Welcome to the blog of TheProbate.Net, published by the law office of Robert A. Ray, Attorney at Law. Once we get the kinks worked out of the blog, we will have a resource that will be beneficial to our clients as well as visitors who may have non legal questions about Inheritance. Our intention is [...]
