Texas Probate Law Blog Archives: February 2025

Texas Probate Law Blog Archives: February 2025

Silhouette of a divorced couple sharing a house, with a gavel in the background, symbolizing family law and property division in Texas.

Blog Categories: Texas Probate, Estate Planning & Family LawDoes a Surviving Spouse Have a Claim in Probate Texas? Understanding Spousal Rights

When a spouse passes away, the surviving spouse often faces difficult decisions not only emotionally but legally as well. One common question is: Does a surviving spouse have a claim in probate Texas? The answer is yes, but it depends on various factors. Understanding the legal rights of a surviving spouse during the probate process […]

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Notary public using a magnifying glass and stamp on legal documents, illustrating the importance of verification in probate law and estate planning.

What Texas Courts Deal with Probate Matters? How to Find the Right Court for Your Case

When a loved one passes away, one of the first legal steps is handling the probate process. What Texas courts deal with probate matters? Understanding which court oversees probate cases is crucial for efficiently managing the estate. Whether you’re the executor or a beneficiary, knowing the appropriate court to approach helps avoid unnecessary delays and

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what is probate?, law should know concept the lawyer explained to the client to plan the case in court

The Impact of Medicaid Estate Recovery on Texas Probate Proceedings

Medicaid Estate Recovery, or MERP, allows states to collect costs from a deceased Medicaid recipient’s estate. The program focuses on certain Medicaid benefits provided to individuals aged 55 and older. It can significantly affect how assets pass through probate. In Texas, MERP is enforced by the Health and Human Services Commission. Many families discover these

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Business professionals discussing a contract in an office setting, highlighting legal agreements related to probate and estate planning in Texas.

Do Executors Handle Probate Texas? Understanding Their Legal Responsibilities

When a person passes away, the process of managing their estate falls to an executor if one is named in the will. A common question that arises is, “Do executors handle probate in Texas?” Executors play a critical role in ensuring that the deceased’s assets are distributed and debts are paid according to their wishes

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texas is known for its vast land and strong property rights, shutterstock

What Is Exempt Property in Texas Probate? How to Claim Exemptions

In Texas, the probate process can be complex, especially when it comes to understanding “exempt property.” If you are dealing with the estate of a loved one, you might wonder, “What is exempt property in Texas probate?” Exempt property refers to assets that the state protects from creditors during probate. These assets can be transferred

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Illustration of Texas probate law concepts, featuring a courthouse, gavel, house icons, financial symbols, and community property law elements, emphasizing estate planning and legal processes in Texas.

Probate Horror Stories in Texas (and How to Avoid Them)

When families in Texas lose a loved one, emotions naturally run high. Unfortunately, in many cases, the probate process can add legal and financial stress on top of an already difficult time. The word “probate” might not ring many alarms until you find yourself trapped in court proceedings and facing unexpected pitfalls. While this legal

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Hand holding a model house with text overlay "The Complete Guide to Probate vs. Non-Probate Assets," relevant to Texas probate law and estate planning.

Do Assets in Texas Have to Be Listed in Probate? A Guide to Probate and Non-Probate Assets

WWhen someone passes away in Texas, their estate must go through the legal process known as probate. But do assets in Texas have to be listed in probate? The answer is both yes and no. Some assets must go through probate, while others bypass the process entirely. Understanding which assets are subject to probate and

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House illustration with text "Can a House in Probate Be Sold?" related to Texas probate law and estate planning.

Can You Sell a House in Probate in Texas? Common Challenges and How to Overcome Them

If you’re wondering, can you sell a house in probate in Texas?—the short answer is yes. However, the process involves legal complexities, procedural roadblocks, and emotional stress. Texas probate sales follow specific laws and court regulations. Understanding these rules is essential. Whether you’re an executor, an heir, or someone seeking information, this guide will provide

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Hands holding a pen and property keys over a document titled "How Long Do You Have to Transfer Property After Death," illustrating legal considerations in Texas probate and estate planning.

How Long to File Probate After Death in Texas? Understanding the Legal Timeline

When a loved one passes away, handling legal matters like probate can feel overwhelming. A common question arises: “How long to file probate after death in Texas?” Understanding the legal timeline is crucial to avoid missing deadlines and facing unnecessary complications. Texas has strict probate laws, and the time frame for filing depends on several

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