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Requiring attorney signatures on probate affidavits 5 May 2012 | 04:08 am
Travis County Probate Court No. 1 is rejecting affidavits in lieu of inventory filed by non-lawyer personal representatives pursuant to Texas Probate Code Section 250 unless they also include the sign...
Ten things to do now 1 Sep 2011 | 02:30 am
(This is one of a series of posts about 2011 legislation.) Most of the legislation passed by the 82nd Texas Legislature becomes effective September 1, 2011. Here are ten things an estate planning an...
Claims in independent administrations 30 Aug 2011 | 02:30 am
(This is one of a series of posts about 2011 legislation.) Section 146 addresses claims in independent administrations. SB 1198 makes several changes: Section 294(d) permits personal representative...
Power of sale in independent administrations 27 Aug 2011 | 03:42 am
(This is one of a series of posts about 2011 legislation.) Most well-drafted wills expressly give the independent executor the power to sell real property. However, some wills do not include a power ...
Inherited IRAs are Exempt from Creditors’ Claims 27 Aug 2011 | 03:15 am
(This is one of a series of posts about 2011 legislation.) SB 1810 amends Section 42.0021 of the Property Code to provide that all IRAs, including inherited IRAs, are exempt from creditors' claims. ...
Survivorship accounts: Holmes v. Beatty expressly overturned 26 Aug 2011 | 03:00 am
(This is one of a series of posts about 2011 legislation.) Holmes v. Beatty, 290 S.W.3d 852 (Tex. 2009), caused shockwaves in the probate and estate planning community for two reasons: First, and mo...
Will unsworn declarations invade probate practice? 25 Aug 2011 | 08:10 am
(This is one of a series of posts about 2011 legislation.) Because of HB 3674, which flew under the radar in 2011, arguably it is no longer necessary to have a notary in most cases were a sworn state...
New will-signing procedure: the testator and witnesses need sign only once 28 Jul 2011 | 02:09 am
(This is one of a series of posts about 2011 legislation.) Under prior law, in order to make a will self-proved, the testator and each witness had to sign the will twice – once on the will itself and...
Probate inventory may be kept private 23 Jul 2011 | 01:12 am
This is one of a series of posts about 2011 legislation. The 2011 legislative change that is likely to have the biggest impact on Texas probate lawyers is SB 1198’s amendment to Section 250 of the Pr...
Significant changes to Section 128A notices to beneficiaries 19 Jul 2011 | 02:35 am
This is one of a series of posts about 2011 legislation. The 2007 amendment to Probate Code Section 128A caused much grumbling among probate lawyers. It required the personal representative of a tes...
