The issue of who inherits when a person dies has to deal with all of the various forms of today’s families. Families may consist of parents and step-parents, brothers and sisters, step-brothers and sisters and half-brothers and sisters. This post discusses the issue of the inheritance rights of whole and half brothers and sisters or [...]
Archive of posts filed under the Property category.
Can a murderer inherit his victim’s property?
Legally, he can. Practically, he can’t. The Texas State Constitution has a provision that says “”No conviction shall work corruption of blood, or forfeiture of estate.” The Texas Probate Code §41(d) is similar. Those two provisions have been interpreted to allow a murderer to inherit from his victim. However, the courts have allowed the heirs [...]
In a will, when does “till she dies” mean forever?
Inheritance cases sometimes present unusual problems. A man left a holographic will. The entire will read “Last Will & testament Debbie gets everything till she dies. Being of sound mind & this is my w. last will & testament. I leave to my Wife Daphne Craigen all p. real & personal property. 12-17-99 Dalton Craigen.” Everyone involved [...]
Does your wife or husband get part of your inheritance when you divorce?
The short answer is no. The long answer is, it depends. Texas is a community property state. That means that a husband and wife have community property and separate property. Separate property is everything acquired before marriage and everything acquired during marriage by gift or inheritance. Everything else is community property. At the termination of [...]
Elder Financial Abuse – Signs
The United States government’s Administration on Aging, a part of the U.S. Department of Health & Human Services, identifies the major types of elder abuse such as physical abuse, sexual abuse, neglect, financial abuse, etc. A type of abuse identified by the U.S. government that is seen too often in probate and inheritance matters is [...]
What must an executor do if he discovers additional property belonging to the estate?
Once the executor or administrator in a probate case is appointed, he must file an inventory of all of the property belonging to the estate. TPC 250. The inventory has to be filed within 90 days of his appointment. Once filed, the judge will review the inventory and, if everything seems to be complete, enter [...]
Can you disclaim an inheritance if you don’t want it?
Texas allows a beneficiary to disclaim all or part of an inheritance. Why would a person want to disclaim an inheritance? Well, there are a number of reasons. There may be some beneficiaries who are in poor financial shape and the other beneficiaries don’t need the property and have a desire to help out the [...]
A gift deed has to be delivered to be valid.
To be effective, a deed has to be delivered. Just as the deed must be signed to be effective, it must also be delivered. This is true whether the deed is one of purchase or of gift. The essential elements of delivery are: 1. The grantors relinquishment of control over the deed to the grantee [...]
Can there be a parol (oral) gift of real estate?
Normally, a conveyance of real property has to be in writing. However, a gift of realty can be made in two ways: either by deed or by parol (oral) gift. To relieve a parol gift of real estate from the requirement of a writing, one must show three elements: (1) a gift in praesenti, that [...]
How do you make a gift of CD’s?
In a contested probate case, the mother bought several CD’s. She had the bank list them under her name and her son’s name: “Mother or Son.” There was no question that all of the money in the CD’s came from mother. Eight days before mother died, son cashed out the CD’s. When they were not [...]
