by Nick Abaza | Apr 29, 2020 | Probate Administration, Probate Litigation
The clock has struck midnight and the ball has dropped in Times Square. The new year brings with it new opportunities to make resolutions for healthier lifestyles, financial fitness and personal improvement. Don’t drop the ball on estate planning, will preparation and...
by Nick Abaza | Feb 6, 2019 | Probate Administration, Probate Litigation, Will Contests
To Challenge or Not to Challenge a Will – Forfeiture Clause and the No Contest Clause. Wills can be challenged due to lack of capacity (from dementia or alzheimer’s) or undue influence from manipulation. lies, and deceit. They can be brought when a senile...
by gray cooksey | Feb 6, 2019 | Probate Administration
1. A Will has No force effect until it is offered to courts for probate and admitted. You can’t just show up to bank with a Will as if you had a power of attorney and collect assets or have the bank turnover funds.. 2. A Power of Attorney is void at death. Therefore...
by gray cooksey | Feb 6, 2019 | Probate Administration
Individual dies leaving a Will v.s When Someone dies intestate without a Will The Texas Probate Process requires: * All of that deceased’s property will be collected* Debts and creditors paid –* The assets distributed according to either the provisions of the Will,...
by Nick Abaza | Feb 6, 2019 | Estate Fight, Probate Administration, Probate Litigation
A spouse may have a community interest in life insurance policy acquired during the marriage even if someone else is the beneficiary. Inception of title is the key. An estranged spouse can make a claim as well. Common law wives as well. You can acquire up to your 1/2...
by Nick Abaza | Feb 6, 2019 | Estate Fight, Probate Administration, Probate Litigation
How do you get an accounting for estate in Texas from executors or administratorsD Demand for an Accounting. In both an estate from a Will in probate OR for a trust you can invoke a demand for accounting. You can do this without fear of invoking a forfeiture or no...