Estate planning is a critical part of securing your family’s future, but not all estate planning tools are created equal. One of the most widely promoted yet often unnecessary tools is the revocable trust, also known as a living trust. While these trusts are heavily marketed as a way to avoid probate and maintain privacy, […]
Category: Probate Law
Power of Attorney Explained: What You Need to Know!
When it comes to planning for the future, granting someone a power of attorney is one of the most important legal tools you can use. In this blog post, we will break down what a power of attorney is, the different types available in Texas, and the crucial distinctions between immediate and springing powers of […]
How to Claim Unclaimed Property in Texas
Unclaimed property in Texas is often a forgotten treasure waiting to be reclaimed. Whether it’s a utility deposit, an overpayment, or even an inheritance, the Texas Comptroller of Public Accounts holds billions of dollars for rightful owners. Follow these steps to check and claim unclaimed property, and learn the legal tools required for certain situations. […]
What Makes a Good Will Contest in Texas?
When it comes to challenging a will in Texas, not all disputes lead to successful outcomes. A valid will contest requires specific legal grounds and evidence. Below, we explore the primary reasons a will might be contested and the legal standards involved. Technical Defects in the Will One of the simplest ways to challenge a […]
What is Probate?
Probate is the legal process that occurs after someone passes away, involving the administration of their estate, whether they left behind a will or not. This process ensures the proper distribution of assets to heirs and payment of any debts. Here’s a closer look at what probate entails and when it might be necessary. What […]
What Happens if Multiple Wills Exist at the Time of Death in Texas?
When a person in Texas passes away and multiple wills are discovered, the legal process of determining which will is valid becomes crucial. In Texas, like in many other states, there are clear laws to handle such scenarios. Here’s how the process works: Validating the Most Recent Will In Texas, when there are multiple wills, […]
Why Using Online Will Services is Risky for Estate Planning
In the digital age, it’s tempting to use online services for everything, including legal documents like wills. However, when it comes to estate planning, using internet-based forms can lead to significant issues, especially for Texas residents. Here’s why professional legal assistance is essential for drafting a will. The Pitfalls of Generic Online Wills Many online […]
How to Determine and Establish Guardianship for Family Members in Texas
As our loved ones age or face challenging health conditions, it may become evident that they can no longer manage their personal or financial affairs independently. In such cases, guardianship might be necessary to ensure their well-being and protection. In Texas, the guardianship process is a legal means by which a court appoints an individual […]
Comparing the Lady Bird Deed and the Transfer On Death Deed as Estate Planning Tools in Texas
Of the many tools available to Texans for planning out the distribution of their assets following their deaths, two of the most commonly used are the Lady Bird Deed (more formally known as an Enhanced Life Estate Deed) and the Transfer on Death Deed (TODD). Both tools allow the signer to convey to another person […]
When Complex Estate Planning and Trusts Become Necessary
When considering estate planning, it’s essential to understand who truly needs complex instruments like living trusts. Contrary to popular belief, the vast majority of individuals do not require extensive estate planning. For most Texans, a straightforward will and basic powers of attorney are sufficient to ensure their assets are managed and distributed according to their […]