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Author: Robert Ray

What in the world is a “pretermitted child”?

What is a pretermitted child A pretermitted child is a child who is born or adopted after a will is made and is not mentioned in the will. Most states have statutes that deal with this issue. In Texas, the statute provides that if the child is not otherwise provided for by the deceased parent, the child will take a portion of the estate even though he is not mentioned in the will. What are the inheritance rights of a pretermitted child I have written about pretermitted children and their inheritance rights on here. There are complications involved when deciding if the child was “not otherwise provided...

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What happens if you get divorced after making your will?

What happens if you get divorced after making your will? When you get divorced, Texas law answers the question of what happens if you get divorced after making your will? Texas law provides that after a divorce, all provisions in a will in favor of a former spouse “must be read as if the former spouse failed to survive the testator” and are null and void. EC123.001(b), 201.001. Therefore, if you get divorced and don’t change your will, you ex-wife will not inherit under your will even if you want her to inherit from you. You would have to make a new will after the divorce in order for her to inherit from you under your will. Of course, if you don’t want her to inherit under the will, the law voids all provisions for her. To be safe, you need to change your will if there is a divorce. Problems With Not Changing a Will After Divorce A case decided by the Texas Supreme Court, In re Estate of Nash, shows how expensive litigation can result if you don’t change your will. Nash’s Will left everything to his wife, or if she predeceased him then to the wife’s daughter, his step-daughter. Nash and his wife later divorced, but he never changed his Will. Both his ex-wife and her daughter survived him. A relative filed for probate seeking all...

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How I learned to stop worrying and love probate, Part 1.

Most people don’t know what probate is but they know that they don’t like it. They know that they should be afraid of it and try to avoid probate at all cost. This fear of probate has come about recently because of some individuals or groups trying to sell people, mostly seniors, trust forms or packages. The best, surefire way to sell a senior something is to make him afraid. So these individuals or groups try to scare seniors about probate in order to sell the seniors their trust forms or some similar package which they claim will avoid the dreaded probate. They come into a town and send out invitations for a free dinner or a free lunch and try to sell these packages. In truth, the seniors end up paying these groups much more than they would ordinarily pay a lawyer for helping them with probate. In this first part of a series of post dealing with probate, I want to go over the probate process and tell you why we have it and what it does. When a person dies (the decedent), his property passes to somebody. Who does it pass to? If he has a will, his property passes to who ever he gives it to in his will. If he doesn’t have a will, his property passes to his heirs as defined by state...

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Should I have a will?

The short answer is yes. If you don’t have a will, your estate will go to your heirs as determined by statute. That may be what you want but what if you are married and have children from a prior marriage. If you die without a will, your property, including your home, will go to your heirs, not you spouse! Texas has community property. That means that what ever was acquired during marriage is half yours and half your spouse’s. If your home was community property, your half would go to your heirs, not your spouse! He/She would retain his/her half but the other half would not be owned by him/her. The same thing would happen to your other property. Because of this, you need to have a will so that you and not the state can determine who gets your property. Simple wills are inexpensive and everyone should have...

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Welcome to the blog of TexasInheritance.Com

Welcome to the blog of TexasInheritance.Com, published by the law office of Robert A. Ray, Attorney at Law. Once we get the kinks worked out of the blog, we will have a resource that will be beneficial to our clients as well as visitors who may have non legal questions about Inheritance. Our intention is to have current information as well as general discussions and practical, non legal, advise on Inheritance problems.  So check the blog often to see updates. If you have a request for a discussion about a particular area, leave a comment. Disclaimer: This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Please be advised that this is not the place to get legal advise about your legal problem. This blog will be a general discussion of general matters of interest to the public. If you need legal advise for a legal problem, contact us to see if we can represent you. Our contact information is at www.TexasInheritance.Com. The use of the Internet or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer...

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About me

Robert Ray

Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle litigation cases related to inheritance disputes including will contest, related property disputes and associated torts throughout Texas. Our principal office is in Tyler, Texas. Contact Robert
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