Before 1991, illegitimate children in Texas could only inherit from their biological parents if the parents eventually got married or if the father acknowledged the child through some authorized manner. The Supreme Court has declared unconstitutional those statutes that limit illegitimate children’s inheritance rights . However, there are still many problems for illegitimate children to [...]
Archive of entries posted on September 2009
How do you get a copy of the will?
There are two time frames where you might want to get a copy of the will. Before the Testator dies and after he dies. The last time frame (after the Testator dies) is easy. The Texas Probate Code requires anyone who has a will of the decedent to file it with the County Clerk. If [...]
Can you have an oral will?
Texas recognized oral wills (nuncupative wills) up to the year 2007. Now, oral wills cannot be offered for probate. To read more about oral wills, go here.
What happens if a beneficiary dies before the Testator?
The word for today is “lapse.” If a Testator gives something to someone (the beneficiary) in his will, what happens if the beneficiary dies before the Testator? The general rule is that if the beneficiary is a descendant of the Testator, i.e. his children or grand children, the gift goes to the beneficiary’s descendants. The [...]
