Family Law
A WILL IS ONLY GOOD IF IT IS PROBATED
Some people think probating a will is too expensive, and decide not to probate it. Here is what can happen. A man is currently married, but had been married previously, and had children with wife #1, but is now estranged and loses track of them. With wife #2, things have gone much better, they buy…
Read MoreTexas Wills: What Property Does a Will Convey?
A will only conveys property that is in your “estate”. The property that is “yours” is not the same thing as the property in your estate. When you pass, you may have many kinds of property, which could include bank accounts, retirement savings in brokerage accounts, life insurance, real property, such a house, acreage, mineral…
Read MoreThink You Don’t Need a Will? – You Are Not Alone
The musician ‘Prince’ died suddenly in 2016 at age 57. Without a will. His estate was worth more than $150 million. Other famous people, worth millions, who have died without a will include: Abraham Lincoln Bob Marley Martin Luther King, Jr. Kurt Cobain Amy Winehouse Tupac Shakur Aretha Franklin Sonny Bono Pablo Picasso Barry White Howard…
Read MoreNO WILL – WHAT TO DO?
SMALL ESTATE AFFIDAVIT A family member passing without a will can be problematical to pass assets to heirs. In certain instances, a Small Estates Affidavit can be helpful. Where a person dies without a will, the heirs to receive the property are those persons set out in the Texas Intestacy Law, Texas Estates Code Chapter…
Read MoreDYING WITHOUT A WILL (INTESTATE), HEIR PROPERTY
AND AFFIDAVIT OF HEIRSHIP If you are living in a family home, have an interest in real estate, or mineral rights, where the original owner was a parent or grandparent, who died without a will, how do you prove that you are the owner of the property? This will be an issue if you want…
Read MoreDYING WITHOUT A WILL IN TEXAS
WHO GETS WHAT? Do you know someone who has died without a will? Has one of your relatives died without a will? Half the people in the U. S. over 55 DON’T’ have a will.[1] If there is no will, who gets the property? Upon Death; What is Your Property (“Estate”)? For any financial account,…
Read MoreWHAT IS A TRANSFER ON DEATH DEED
In Texas, a transfer on death deed is a simple way to transfer your interest in real property at your death, without having to use a will, or go through probate. What is it? A transfer on death (TOD) deed serves a similar function as a beneficiary named on a bank account but applied to…
Read MoreTexas Wills: What is an Independent Executor?
A will, in and of itself does not dispose of your property. It only states your wishes. To actually disperse your property the courts must appoint an “executor”. An executor will have access to the deceased’s financial accounts and assets, pay debts, taxes, and disburse the deceased’s property. Historically executors were required to post a…
Read MoreWhat is a Will and What is Probate?
A will is an expression of who you want to get your property when you die. In its simplest form it can be a letter written totally in your own hand and signed. Though possible this is not recommended. If you are not familiar with probate law, mistakes can too easily be made, and believe…
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