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

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...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

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...KEEP READING

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...KEEP READING

Introduction: Intestate Succession Law One of the first questions many people ask when they learn about probate is whether a will is required in order for the process to begin. The answer is no – in Texas, the probate process can begin without a will. While a will is not required, there are certain advantages...KEEP READING