Ashley Flotte’s Legal Blog

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Entries Tagged as 'Descent & Distribution'

Hands off my horses (and a saddle for each): The exempt personal property set-aside

December 9th, 2008 · No Comments

                Texas probate law provides that, when a decedent passes away, a certain amount of personal property (such as furniture, clothing, jewelry, vehicles, and so on) should be set aside for the benefit of the decedent’s surviving spouse. This “set-aside” (along with our homestead law) is a very beneficial aspect of Texas probate, in that this [...]

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Tags: Descent & Distribution · Law · Probate · wills

Probate: The First Steps

September 29th, 2008 · No Comments

In the past few months, I have posted several entries on specific probate topics: from muniments of title to small estate affidavits; informal family agreements to executors’ duties. But let’s take a moment and step back to the beginning: what is probate, when do you need it, and what are the first steps to take? [...]

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Tags: Descent & Distribution · Probate · wills

“If your parent got a share, then you get none… [clap, clap]…”

August 27th, 2008 · No Comments

Unless you are a probate nerd, intestacy laws can be difficult to keep straight. Who gets what when there was no will??! One resource that can help out is a (fabulous!) recent addition to the Smith & Garg Wills and Estate Planning website, which lays out Texas’ intestate succession statutes in an easy-to read format, [...]

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Tags: Descent & Distribution · Law · Probate · Silliness

Texas’ “Slayer Rule”: DROP the gun, take the cannoli

August 26th, 2008 · No Comments

Considering bringing about the demise of your spouse and making off with the insurance money? You might want to think twice.
Texas law has what’s called a “slayer rule,” which provides that anyone convicted of intentionally and wrongfully killing a decedent will not be entitled to benefit from the death. This rule originated in the [...]

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Tags: Descent & Distribution · Law · Probate

Re-married (…With Children): Looking out for the kids AND surviving spouse

June 3rd, 2008 · No Comments

“Blended families” are very common. That is, a couple marries, with both husband and wife already having a child or children from a previous marriage or relationship. Taking the ages and needs of the children as well as the relationships among the new family members into consideration, the spouses will have a variety of concerns [...]

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Tags: Descent & Distribution · Estate Planning · Estate Taxes · wills