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The Widows’ Election

Widows in Texas have a special option at the passing of their spouse called the widows’ election. The rule states that if the surviving spouse is entitled to a benefit under a will, but must suffer a detriment as well, the surviving spouse cannot accept the benefit without also accepting the detriment. Take the hypothetical Smith family, comprised of spouses Chris and Taylor. Chris has passed away, leaving a will,...

Beneficiary in Waiting – Rights During the Probate Process Can Be Complex

At some point in your lifetime, you may be a beneficiary in waiting. That is what beneficiaries of wills do – they wait for a will to be probated, they wait for information from the estate’s personal representative, they wait to receive their inheritance. Most estates settle and distribute within 2 years. Some estates take 20 years. That is a whole lot of waiting. There is no easy way to...

What We Forget About a Day of Remembrance

Just outside of Milwaukee, the quiet village of Rochester, Wisconsin has put on a Memorial Day Parade every year since 1867, making it the nation’s longest ongoing observance of Memorial Day. For one-hundred and fifty-six years, this community of less than five-thousand has joined together to honor the fallen servicemen and women of our country, replete with period-accurate musket salutes and wreath ceremonies. Meant to remind the postbellum country of...