Historically, wills must follow certain testamentary formalities. These formalities include a physical document, the testator’s signature, and signatures from at least two witnesses. See Tex. Estates Code § 251.051. These formalities were first alluded to in the Statute of Frauds in 1676 and English Wills Act of 1837 to ensure the existence...
Read moreExecuting a will allows people to control how their property will be passed along after they die. Because wills cost time and money to make, individuals often wonder what would happen if they died without one. If somebody does die without a will, they have no control over how their property passes to other people. Instead, their property is...
Read moreOnline legal services are continuing to grow in popularity as they offer inexpensive and easy ways for people to execute legal documents such as wills. Especially for individuals with simple and modest estates, these online-only services may seem particularly appealing. However, online-only services create many risks that may lead to expensive an...
Read moreFor many couples, the marital residence is often their most significant asset. Consequently, questions concerning the future of the house are routinely front of mind for our clients. While courts may choose from a number of options when disposing of the marital residence, if it is possible courts typically prefer to have one spouse keep the house...
Read moreMany couples think about using mirror wills to provide for each other and their children in the event of their death. Mirror wills can be effective and cost-efficient in some cases. However, a mirror will does not work for many couples, and they come with certain risks that couples may want to avoid. Mirror wills are virtually identical...
Read moreEstate planning is a critical way for individuals to protect their hard-earned assets as well as provide for their loved ones. An essential element to any estate plan is a will. A will is an instrument through which an individual can plan for how their assets are distributed upon their death. If you die without a will, it is called dying “intest...
Read morePremarital agreements, also called prenuptial agreements, are a great tool in protecting the interests of you and your soon-to-be spouse. Premarital agreements can be the source of contention for many couples. A few commonly asked questions and topics to consider are outlined below: 1. What can premarital agreement cover? Parties who enter into a ...
Read moreMYTH: I am going through a divorce; therefore, I can neither create nor amend my new or existing will. REALITY: Texas Estates Code §253.001 expressly states that a court may not prohibit you from creating a new will or updating your existing will under any circumstances, including a divorce proceeding. Do not fall prey to the assumption that sin...
Read moreThere are thousands of lawyers in the State of Texas alone. When you have a divorce or custody matter, how do you choose the right divorce lawyer? Here are some things that you should look for when you choose an attorney: Their primary practice area should be in family law. A divorce and/or custody matter affects you and your loved ones for ...
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