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Probating within four (4) Years

Ask any 5th grader what a will is and what does it do and you will likely get some fairly accurate responses. I suspect they might say something like it disposes of Daddy’s things if he dies. It’s what my mom went to see the attorney about in case she passes away. While I have not asked a 5th grader what a will is, I am fairly sure that most people, even at a young age, knows what a will is and what it does.

Waiver of Service

The Waiver of Service is a common document used in litigation.  I guess I should say it is commonly used in uncontested divorces but could be used in any case where a plaintiff sues the defendant.  Under the law the defendant is entitled to be served with the lawsuit.  The service of the defendant could [...]

Dusting off that Will?

am equally confident that most people do not realize that in the state of Texas a will is not effective if it is not probated. In other words, just because Mom gave the home to brother in her will, if the will is not probated, then that provision is ineffectual. Texas Probate Code Section 94 speaks to this provision specifically: