In Texas, the most common way for a court to identify a decedent’s heirs if he or she dies without a will or without a validly created will is to conduct a “Judicial Declaration of Heirship.” The judicial declaration of heirship is a legal proceeding whereby a court makes a formal ruling or declaration that identifies all of a decedent’s heirs and their ownership rights to intestate property. An “intestate” is someone who dies without first creating a will. An intestate may also describe someone … [Read more...] about Identifying Your Heirs in Texas
Muniment of Title
Under Texas law, you can bypass the formal probate administration process in limited circumstances. You may use this procedure when you need a court solely to clear or establish ownership or title to property belonging to a decedent. In situations where a decedent did not appoint an executor to administer his or her will, a Texas court may admit the will to probate under the muniment of title procedures. In a muniment of title proceeding, the court does not appoint an administrator to administer … [Read more...] about Muniment of Title
Elizabeth Edwards Leaves Philandering Husband Out of Her Will: Part 3 of 3
During the 2004 Presidential elections, Elizabeth Edwards learned she had breast cancer. After beating her first bout with cancer, her cancer returned in 2007. She decided to undergo further medical treatments and during her therapy, she learned of her husband’s affair. His affair became national news, and she separated from him following his public admission of his extramarital affair and fathering an illegitimate child. Less than a year later, Elizabeth died when her cancer quickly spread to … [Read more...] about Elizabeth Edwards Leaves Philandering Husband Out of Her Will: Part 3 of 3
Elizabeth Edwards Leaves Philandering Husband Out of Her Will: Part 2 of 3
Following the previous blog entry, we will discuss the personal life of Elizabeth Edwards. Elizabeth Edwards was born on July 3, 1949. As a child in a military family, Edwards moved many times during her childhood. She earned a law degree at the University of North Carolina’s School of Law. During law school, she met her husband, John Edwards, the former U.S. Senator from North Carolina and Vice Presidential Nominee during the 2004 elections. Elizabeth Edwards practiced law for almost two … [Read more...] about Elizabeth Edwards Leaves Philandering Husband Out of Her Will: Part 2 of 3
Elizabeth Edwards Leaves Philandering Husband Out of Her Will: Part 1 of 3
This three-part blog series discusses the legacy of Elizabeth Edwards and her final days, including her revised will just days before her death. Elizabeth Edwards was smart, beautiful and most of all, very human, as seen during her final years battling cancer and dealing with the aftermath of her husband’s affair. What we may not know is that Elizabeth Edwards changed her will only days before she died, and in her new will, she disinherited her husband. To understand the importance and … [Read more...] about Elizabeth Edwards Leaves Philandering Husband Out of Her Will: Part 1 of 3
The Case for Drafting a Will: Stieg Larsson’s Estate (Part 3 of 3)
Continuing the discussion of the important of creating a valid will before you die, especially for unmarried partners, we will discuss the special laws in Texas allowing for common law marriages. As one of a minority number of states that recognizes the validity of common law marriages, Texas courts will uphold the validity of a common law marriage that complies with state law. Texas law requires you to be able to adequately prove the existence of a validly created common law marriage in order … [Read more...] about The Case for Drafting a Will: Stieg Larsson’s Estate (Part 3 of 3)
The Case for Drafting a Will: Stieg Larsson’s Estate (Part 2 of 3)
Continuing the three-part blog series covering the death of best-selling Swedish author, Stieg Larsson, we’ll further discuss the importance of drafting a will, especially for those in long-term marriages. As the story of the aftermath of Stieg Larsson’s death demonstrates, creating a written will is extremely important. Since his death, his long-term girlfriend, Eva Gabrielsson, filed a lawsuit asserting a moral right to his estate. Offered over $2 million to settle her lawsuit, Gabrielsson … [Read more...] about The Case for Drafting a Will: Stieg Larsson’s Estate (Part 2 of 3)
The Case for Drafting a Will: Stieg Larsson’s Estate (Part 1 of 3)
In most states, including Texas, failure to draft a will, or failure to draft a valid will, leads to an estate passing to a decedent’s relatives under the Texas intestacy statutes. This means that if you die without a valid will, some of your loved ones may not be able to inherit anything. For unmarried partners, without a will, they are most likely unable to inherit anything from their unmarried decedents. In 2004, famous Swedish journalist and crime writer, Stieg Larsson, passed away. After … [Read more...] about The Case for Drafting a Will: Stieg Larsson’s Estate (Part 1 of 3)
SSDI Survivors’ Benefits
Unlike children of parents who received disability benefits through the Supplemental Security Income (SSI) program, children of Social Security Disability Insurance (SSDI) benefits’ recipients may be able to receive survivors’ benefits. Although the U.S. Social Security Administration administers both programs, the SSDI program allows some surviving family members to receive survivors’ benefits. According to federal law, the Social Security Administration may pay SSDI benefits to dependent … [Read more...] about SSDI Survivors’ Benefits
Frozen Embryos and Legal Uncertainty for Inheritance Rights of Posthumously Conceived Children
State laws vary regarding posthumously conceived or pretermitted children. Many states refer to these children as after-born children or unintentionally omitted children. A pretermitted or posthumously conceived child is one that was born after a parent drafted their Will. In many states, these children receive the same inheritance rights as their siblings born after their parents drafted their Wills. Technically speaking, a posthumously conceived child typically refers to those children … [Read more...] about Frozen Embryos and Legal Uncertainty for Inheritance Rights of Posthumously Conceived Children
