As the population of Montgomery County continues to grow, so does the need for efficient and effective courts to manage the increasing number of cases. To address this, State Representative Will Metcalf has filed House Bill 1436, aimed at converting Montgomery County at Law No. 2 into a dedicated probate court. What is a Probate...KEEP READING

The death of a loved one is an emotional time for their family. Their affairs and assets need to be settled via the probate process. This involves the distribution of assets and inheritance to the decedent’s beneficiaries, paying their debts to creditors, and probating a will if they left one behind. As such, the emotional...KEEP READING

The death of a loved one can be an extremely difficult time. During this time of grief, you may not want to think about the arrangements that have to be made after a loved one passes away. However, it is important to take care of these matters as soon as possible. There are several matters...KEEP READING

A will dictates a decedent’s wishes for their assets and how they wish for them to be distributed to potential beneficiaries. It 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...KEEP READING

A Small Estate Affidavit is an alternative to a probate that allows heirs or beneficiaries to bypass the formal probate process. It is a legal document used in Texas to transfer the assets of a decedent to their heirs or beneficiaries. It is designed to simplify the process of transferring property when the estate is...KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING