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 [...]
Archive of posts tagged Beneficiary
Who gets the money if a man names his ex-wife as beneficiary in a life insurance policy?
A husband and wife of 25 years filed for divorce. The husband agreed to pay alimony until 2001. He also agreed that he would obtain an insurance policy and name his ex-wife as beneficiary “to a portion of the proceeds on such policy in a face amount sufficient to pay the then remaining alimony payments…” [...]
What is a putative spouse?
A putative spouse is one who, in good faith, thinks that he or she is married when they are not. I’ve written a brief description of a putative spouse and their inheritance rights at our web site, www.TheProbate.Net.
Do illegitimate children have inheritance rights?
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 [...]
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 [...]
If an attorney prepares a will, can the will leave property to him or someone in his office?
The quick answer is no, it can’t. Texas has a statute that says “…a devise or bequest of property in a will to an heir or employee of the attorney who prepares or supervises the preparation of the will is void.” In a recent case, an attorney had a woman working in his office that [...]
Can a beneficiary attest a will?
As stated in another post on this blog, a will has to be attested by two are more credible persons above the age of 14 who sign the will in their own handwriting in the presence of the testator. Normally, credible person means someone who does not take under the will. Who is not a [...]
