What Does Right of Survivorship Mean?

We all know property can have one owner or multiple owners. What you may not know is that property can be owned in different ways. When two or more people own property, whether it is land, a bank account or other assets, one way the property can be owned is as joint owners with right of … [Read more...]

What Is a Widow’s Right of Election in Texas?

A widow or widower’s right of election only comes into play if the deceased spouse left a will. If the decedent died without a will, or intestate, then the right of election does not apply. In those cases, the amount of the estate which goes to the surviving spouse is set by state law and varies … [Read more...]

Can I Protect My Estate from My Spouse’s Creditors?

If your career or business is successfully underway and you’re thinking about getting married for the first time or getting remarried, one of your primary concerns may be whether you can take steps to protect the estate you’ve accumulated or plan to accumulate during the marriage from your … [Read more...]

What is Special Community Property in Texas and Why Does It Matter During Estate Administration?

What happens to community property when a person other than the surviving spouse, such as an adult child or unrelated person, is appointed to administer an estate? Will the house be sold to pay the debts of the decedent? Protecting assets versus paying estate debts When a person other than the … [Read more...]

Does a Surviving Spouse Have a Right of Election in Texas?

Under Texas’ community property rules, a spouse only has testamentary power over half of the community property assets which are subject to probate. A spouse can’t lawfully dispose of the surviving spouse’s ownership interest in community property, by will or otherwise. A surviving spouse may … [Read more...]

What Does Community Property Have to do with Estate Administration?

Texas community property rules apply to property owned at the time of a person’s death if the person was married. Many testators who have adult children will name one or more of the children as executors. When a parent has remarried and dies leaving a spouse, the executor’s job can become … [Read more...]

You Divorced Me While I Was Locked Up and Now You Want My Money?

The outcome of this case is still undecided and may eventually make it all the way to the Texas Supreme Court. At issue is whether money awarded to a wrongfully imprisoned man upon his exoneration is considered “community property” or “separate property” as it relates to divorce. Steven Phillips … [Read more...]

Separate Property vs. Community Property

A common question that occurs in divorce disputes is separate property vs. community property. Whether you can recover a portion of certain asset is often determined by whether that asset is classified as separate property or community property. As your divorce attorney in Conroe can explain, the … [Read more...]