A will can be revoked at any time before the person’s death by creating a new will or by destroying the existing will. To destroy a will, the testator must physically destroy the original document or direct someone else to do so in their presence. Once a will is revoked, it is no longer legally […]
A Texas Small Estate Affidavit is a legal document used to help heirs of an estate receive the property of someone who has passed away without having to go through the traditional probate process. Probate is the legal process by which a decedent’s estate is distributed to their heirs. Unfortunately, the process is lengthy and […]
A transfer-on-death (TOD) deed, commonly known as a beneficiary deed, is an important tool in Texas estate planning. It allows you to transfer ownership of certain types of property upon your death to someone else without going through the probate process. The TOD deed has become increasingly popular in recent years due to its simplicity […]
In this case study, we delve into a typical scenario encountered by our probate attorneys involving a will contest. It involves a contest to a deathbed will that was executed just before the person died. One sibling purported to have a new will for the decedent and refused to produce it. The Challenge We were […]
When it comes to property, the old adage “you can’t take it with you” is true, but you can try to dictate who gets it when you die. This is where estate planning comes in, and the distinction between community and separate property in Texas is a critical consideration in probate cases. The interplay between […]
Unlike full probate, which can take months or even years to complete, muniment of title is a relatively quick and simple process that can be completed in a matter of weeks. The process involves filing a petition with the probate court and providing evidence that all debts and taxes have been paid and that there […]
Hiring a probate attorney is an important decision, as this individual will be responsible for guiding you through the legal process of administering a loved one’s estate after they pass away. Probate law can be complex and confusing, so it is essential to find an attorney who is knowledgeable, experienced, and trustworthy. To ensure that […]
We recently had the opportunity to assist James, a local celebrity of sorts and a real estate investor, with his estate planning needs. James contacted us seeking guidance on setting up a revocable living trust and transferring his LLCs into the trust for enhanced anonymity and asset protection. In this case study, we outline the […]
When it comes to drafting a will in Texas, the language used is critical to ensure that the testator’s intentions are accurately reflected. Despite the careful consideration that goes into creating a will, it’s not uncommon for contradictions or ambiguities to arise within the document. To better understand this situation let’s look at the case […]
Probate is the legal process of distributing a person’s assets after they die. In Texas, if a person dies without a will, their assets will go through probate court. The court will appoint an executor to oversee the estate and distribute the assets to the heirs according to state law. One of the questions that […]
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