In 2017, our Texas legislature passed a new law titled “The Uniform Partition of Heirs Property Act.” The Act can be found in the Texas Property Code. Though fairly lengthy, the Act allows co‑owners of property to partition the property by sale if the property cannot...
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Social Media and Why It’s Important to Be Careful What You Post When You have an Open Court Case
There are a variety of benefits and risks associated with relevant technology. Facebook has nearly 2 billion users. A new Facebook account is created five times every second. One statistic states that 50% of 18 to 24-year olds go on Facebook every morning when they...
The Estates Code authorizes the Probate Court to issue a writ of attachment, conditioned on the posting of a bond ordering a Sheriff or Constable to seize and hold the property or part of the property, pending additional orders of the Court. The allegations of the...
How Can You Avoid Probate if Your Only Asset is a House?
In Texas, you may avoid the requirements of probate if you have a limited estate by filing a community property agreement and/or amendment to your deed if the goal is to avoid probate between spouses. Simply put, if Alice and John are married and have a home which is...
Tortious interference with inheritance rights in Texas–Yes or No?
Pending before the Texas Supreme Court is this very question: Does Texas law recognize a claim for tortious interference with inheritance rights? At this time, there is a split between Texas appellate courts. Courts in San Antonio, Houston, and El Paso have recognized...
What if a Loved One Dies Without a Will?
When someone dies without a will in the State of Texas (known as "intestate"), Texas has default inheritance rules in place for such an occurrence pursuant to the Texas Estates Code. Even if there is no will, an estate can still be probated. In an intestate estate...