An appeals court recently had to decide if a jury’s verdict that the testator lacked testamentary capacity and their verdict that the testator was unduly influenced was so conflicting that the verdict had to be set aside. If a jury verdict has an irreconcilable conflict, the court is obligated to reverse the case. In general, [...]
Archive of posts filed under the Property category.
Where to find information about Prepaid Funerals.
The State of Texas maintains a site to provide customers information about prepaid funerals. “Prepaid funeral merchandise and services is defined as goods and services sold on a prepaid basis directly to the public for use in connection with future funeral services. Along with the normal funeral service items, prepaid funeral merchandise and services also [...]
Who gets the decedent’s last pay check?
If a husband or wife dies unexpectedly, the surviving spouse is often plunged into a financial crisis. The dead spouse’s final paycheck is needed just to keep the household above water. The employer may not want to give the surviving spouse the last paycheck because a later appointed executor or administrator may demand the money [...]
What are the Inheritance Rights of a Spouse?
There is a movie titled “It’s complicated.” That title describes the inheritance rights of a spouse. It’s complicated because of defining who is the spouse, what property the spouse inherits and what is the status of any children. The inheritance laws are used to determine who inherits if there is no will or if a [...]
Do half siblings have the same inheritance rights as whole siblings?
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 [...]
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 [...]
