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 [...]
When is a gift not a gift?
In a recent case, the second paragraph of a will gave a piece of land to the testator‘s wife “to be hers absolutely forever.” The third paragraph of the will gave the land to the testator‘s sons in the event of the simultaneous death of the testator and his wife or “upon the death of [...]
Joint accounts with right of survivorship
Joint accounts are accounts, usually with a financial institution, where more than one person has rights to the account. Deciding what those rights are is a problem often faced in contested probate cases. The courts look at the documents creating the account and the words used to determine the type of account involved. Often, the [...]
What is the difference between community and separate property?
Texas is a community property state. The word community in community property refers to the marital community; the marriage between you and your spouse. If you are not married, you do not have any community property. You only have separate property. Community property is all property acquired during the marriage except property acquired by inheritance [...]
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