Lisa Johansen, a 43-year-old Swedish woman filed a lawsuit in the U.S. District Court in Memphis, Tennessee for a whopping $130 million against the King of Rock and Roll’s Estate. Many media outlets broke the latest news at the end of 2011, and the case may be going to trial this year. Lisa Johansen is not a newcomer to national news. She made national headlines in the early 1990s when she broke into the King’s Graceland exhibition and attempted to steal his belongings by impersonating his … [Read more...] about Elvis Presley’s Alleged Long-Lost Daughter Sues King of Rock and Roll’s Estate
The Enforceability of Joint Promises to Will
Reciprocal Wills between spouses contain mutual promises to convey property leaving one another as the primary beneficiary to their community and/or separate property. In Texas, these contracts are enforceable if drafted properly. According to the Texas Probate Code, A contractual will is enforceable if a testator’s written Will incorporates the terms of the written spousal or joint contract and spouses execute an enforceable contract. Thus, to create an enforceable contract or testamentary … [Read more...] about The Enforceability of Joint Promises to Will
Guardianships in Texas
In Texas, courts can appoint guardians of the person or of the estate. A guardianship is a legally supervised process in which a guardian is responsible for a person’s property or person. The person receiving the guardianship is the “ward.” A guardian of the person is someone appointed to take care of the ward’s personal well-being. A guardian of the estate is someone appointed to take care of the ward’s personal finances and property. A guardian can make sure the ward is properly cared for and … [Read more...] about Guardianships in Texas
Texas Affidavit of Heirship
If you are an heir of a person who has recently passed away in Texas, you should speak to an experience Texas Probate attorney as soon as you possibly can. Unlike most other states, Texas has a special streamlined Probate procedure that you might be able to take advantage of to receive your inheritance more quickly and easily. The procedure is called an Affidavit of Heirship. In this procedure two disinterested witnesses swear under penalty of perjury that you are the heir of the deceased. … [Read more...] about Texas Affidavit of Heirship
Probate Passport Project
In 2011, the Texas Young Lawyers Association created the “Texas Probate Passport,” a new project which is essentially a pamphlet outlining the estate planning rights that Texans have. This new informational brochure is available electronically in PDF format, and you can access it by clicking here. The passport is a valuable legal tool that provides Texans with a rather detailed summary of what happens to their personal possessions and real property when they die with or without a will, or … [Read more...] about Probate Passport Project
Identifying Your Heirs in Texas
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
