Category Archives: Blog

Texas Homestead Law: an Easy Explanation of How it Works

EDITOR’S NOTE:

Many clients ask us about Texas Homestead Law. Typical questions are ‘What does a homestead exemption do in Texas?,’ or ‘Who qualifies for a homestead exemption in Texas.’ In this blog post, we explain what the homestead exemption is, and the basics of how it works in Texas. Remember, however, that if you are doing estate planning or perhaps facing a potential probate, trust, or estate dispute, reach out to one of our Dallas-based attorneys for a consultation. No two situations are alike, and only an attorney consultation can function as the first step towards a correct understanding of the facts and the law.

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Life Estates under Texas Law: Q&A about What are Life Estates in Texas

EDITOR’S NOTE:

Many clients ask us about so-called Texas life estates, specifically what a life estate means under Texas law as well as how they work and who pays taxes on a life estate. As probate, estate, and trust lawyers here in the Dallas area, we often summarize quick answers to such questions in our blog. Accordingly, in this blog post we will review the basics of life estates in Texas. Remember, however, that if you have questions about probate, estates, or trusts under Texas law (up to and including disputes and/or litigation), reach out to one of our Dallas-based attorneys for a consultation.

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Undue Influence under Texas Law: of Will Contests & More

EDITOR’S NOTE:

Many clients ask us about so-called “undue influence” under Texas law, generally with regard to a potential will contest or some type of trust or estate law. As probate, estate, and trust lawyers here in the Dallas area, we often summarize quick answers to such questions in our blog. Accordingly, in this blog post we will review the basics of undue influence in Texas. Remember, however, that if you have questions about a potential will contest under Texas law, reach out to one of our Dallas-based attorneys for a consultation.

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Dallas Law Firm of Burdette & Rice Announces Paper Selection on Contested Guardianship Under Texas Law

Dallas, Texas – October 1, 2017. Burdette & Rice, considered one of the top Texas law firms for probate, estate, and trust litigation, is proud to announce that firm attorneys Mark Caldwell, Sarah Toraason, and David Mead have been selected to author a paper on constitutional issues in contested guardianships for the Texas Tech School of Law Estate Planning and Community Property Law Journal. The firm has a strong commitment to continuing education in all formats – live presentations, online blog posts, and publication in prestigious journals. Continue reading

Leading Dallas, Texas, Estate Litigation Law Firm, Burdette & Rice Announces 2018 Paper by Attorney Mark Caldwell

Dallas, Texas – September 28, 2017. Burdette & Rice, one of the leading Texas estate, trust, and probate litigation law firms, is proud to announce that attorney Mark Caldwell has had the honor of having his paper on “Power of Attorney Litigation” accepted by the Thomson Reuters national publication, “Estate Planning,” for publication in early 2018. The journal, “Estate Planning,”  focuses on tax efficiency, asset protection, financial planning, charitable giving and the care of family members in diverse circumstances. Continue reading

Surrendering the Last Will and Testament of a Deceased Person Upon His Death

EDITOR’S NOTE:

Texas law has clear requirements regarding last wills and testaments, among them the requirement that any last will and testament be properly filed with the Court. If you or a loved one is facing a possible dispute or will contest under Texas law, reach out to one of our Dallas-based attorneys for a consultation. We may be able to assist you in compelling a trustee to properly file and disseminate a last will and testament as required by law.

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Medical Records in Will Contests under Texas Law: Confidentiality and Privileges

EDITOR’S NOTE:

A will contest or dispute under Texas law may involve issues surrounding medical or psychological help. In this blog post, we review the balancing act between a right to privacy and the discoverability of this type of documentation. If you or a loved one are facing a possible will contest in the Dallas area, reach out to one of our lawyers who specialize in will contests for a consultation.

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The Duties of Personal Representatives Under Texas Law

EDITOR’S NOTE:

Many people set up trusts to manage their financial affairs under Texas law, both while they are alive and many times after they are deceased. The trust may have a so-called “personal representative.” In this blog post, we discuss the responsibilities of the so-called “personal representative.” If you or a loved one is facing a possible trust dispute under Texas law, reach out to one of our Dallas-based trust litigation attorneys for a consultation.

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Mortgage Payments and Probate Under Texas Law

EDITOR’S NOTE:

Many times, a home is a primary asset in a Texas estate. When a loved one dies, however, it is often confusing as to whether the mortgage should continue to be paid, and if so, by whom. In this blog post, we review whether some of the issues as to whether the mortgage should be paid, and if so, how reimbursement can be made. If you are facing this type of situation, reach out to one of our Dallas probate attorneys for a consultation.

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Injunctions and Estate Disputes Under Texas Law

EDITOR’S NOTE:

Unfortunately, when a loved one dies, a sibling or family member may feel entitled to take the property. At that time, however, other family members may ask the Court for an injunction. In this blog post, we review injunctions and estate disputes under Texas law. Of course, if you are facing this type of problem, you must reach out to an attorney for detailed assistance, as no two situations are the same.

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