General concerns and common questions regarding wills and trusts:
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Legal capacity
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Testamentary capacity
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Effect of divorce
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Self-proving wills
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Holographic wills
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Will contestation
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No-contest clauses
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Homestead and Family Allowance
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Adoption (adult and minor)
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Non-marital children
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Revocation and alteration
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Lapsed gifts and the Texas Anti-lapse statute
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Ademption
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Abatement of a specific bequest or devise
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Incorporation by reference
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Contractual wills and limitations
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Venue and jurisdictional analysis
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Independent versus dependent administration
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Alternatives of formal administration to consider:
Handling creditors of the estate upon probate:
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Avoiding intestacy
Where an individual dies “intestate,” this means that the person has no will, or that the will was not validly formed under the Texas Probate Code. Boilerplate intestate rules are then applied to the estate of the decedent and an allocation of assets is made to the surviving family members, regardless of the intent or wishes expressed in the failed will. This situation may lead to unfortunate and undesired consequences, such as wrongful allocation.
Homestead
The Texas Constitution and statutes provide for a considerable amount of personal and real property to be protected from all but a select few creditors. However, these rules are detailed and expansive, making it difficult to determine what specific property is covered and what is not. Moreover, the scope of protection under these rules has expanded in recent years such that property once excluded may now be included. Knowing what property is protected and which property is susceptible to creditors is critical for prudent estate management.
