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When Is It Proper to Use a Small Estate Affidavit?

Heirs can use a small estate affidavit to transfer property without a formal probate only in situations when: The deceased person died without a Will; At least 30…

Can I Disinherit my Spouse in North Carolina?

North Carolina’s laws provide a safeguard for surviving spouses. Under North Carolina law, a spouse can claim a certain share of your estate when you die, regardless of…

Who Can Serve as Executor in North Carolina?

What is an Executor? An executor, sometimes called a”personal representative,” is a person or entity a testator appoints in a Will…

What are Valid Reasons to Contest Will in Texas?

His dad had been sick and weak. He didn’t even have the strength to write his own name. Nevertheless, after his father died, his stepmother produced a…

Is Property My Spouse and I Owned in Another State Community Property or Separate Property?

John and Jane Doe didn’t always live in Texas. Earlier in their marriage, they lived in another state, where John purchased a house the couple lived in…

Can an Independent Executor Alter How my Property is Distributed?

A man who was named independent executor in a Will called me. Someone told him that as the independent executor, he had the right to distribute Testator…

Who Can File An Application for Probate?

If an executor is named in a Will, then that person is generally the most logical person to file an application to probate the Will. The Texas Estates Code…

Will Former Spouse Inherit Bank Account if Named as P.O.D. Beneficiary?

I received a note recently from someone whose brother had recently passed away. Her brother was divorced and had no children. He was survived by four siblings.