When a will gives “all household and personal property” to a person, that gift encompasses all personal property, tangible or intangible. It is not limited by the word “household.” The only thing that doesn’t pass is real estate.
Read MoreI have written previously that arbitration clauses in trust are enforceable against the beneficiaries. Normally, arbitration clauses are not enforceable against someone unless they agreed to be bound by arbitration. In the trust...
Read More[mp_image id=”2508″ size=”full” link_type=”custom_url” link=”#” target=”false” caption=”false” align=”left”] Background Texas does not allow a...
Read MoreWhat is an arbitration clause The Supreme Court of Texas upheld an arbitration clause in a trust and the same reasoning may apply to wills although the court has not ruled on this question where a will was involved. Arbitration...
Read MoreBackground Although this blog is only about Texas law, a recent case out of Delaware dealt with an unusual issue and the results should be the same in Texas if the issue ever comes up. The Delaware court in 2015 was asked to...
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