When a spouse dies in Texas, the surviving spouse has powerful legal protections that ensure they won’t be forced out of their home even if other heirs (like children from a previous marriage) inherit part of the property. These rights are known as spousal homestead rights, and they reflect long-standing public policy in Texas designed […]
Category: Probate Law
How to Deed Property Out of an Estate in Texas After Someone Dies
One of the most common questions families face after the death of a loved one is: “How do we transfer real estate from the estate to the heirs?” In Texas, the answer involves a formal process through the probate court and proper documentation in the public records. Simply inheriting property through a will isn’t enough […]
Is It a Good Idea To Be a Trustee For Your Sibling?
Serving as a trustee for a sibling may seem like a natural and cost-effective decision for families planning their estate, but it comes with complex emotional and legal dynamics. This is especially true when one sibling is notably more responsible than the other, or when mental health, addiction, or financial irresponsibility are part of the […]
Why Blended Families and Second Marriages Make Estate Planning Crucial in Texas
Having a will is always a good idea. But if you have children from a previous relationship, a will is not just helpful — it is essential. Without one, Texas law will decide how your assets are divided after your death, and the outcome is often far from what families expect or want. This issue […]
Nonmarital Conjugal Cohabitation and the Statute of Frauds?
The term “agreement for nonmarital conjugal cohabitation” may sound like something out of a law school exam or maybe even a bad romance novel but it’s an actual legal concept. And believe it or not, it has something to do with the Statute of Frauds, a centuries-old legal doctrine that still influences modern contract law […]
How Does Divorce Affect Your Will in Texas?
It’s a scenario that comes up more often than you might think: A couple gets divorced, and years later, one of them passes away without updating their will. In many cases, the will still names the former spouse as the primary beneficiary. So, what happens then? In Texas, the law has a built-in safeguard to […]
Selling a Minor’s Property in Texas: Here’s What You Need to Know!
In Texas, minors cannot legally enter into contracts or sell real estate because they lack legal capacity. However, if a minor inherits or is gifted real estate, there may come a time when selling the property is necessary. Texas law provides a legal pathway for this process under Texas Estates Code § 1351.001. This article […]
Is a Trust the Best Move for Your Home? Pros and Cons Explained!
When it comes to estate planning, many people wonder whether they should put their home in a trust. While trusts can serve important purposes in some states, Texas homeowners typically don’t need one for their primary residence. In this article, we’ll break down why a trust may not be necessary for your home in Texas, […]
Truths About Revocable Trusts and The Living Trust Scam Explained
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, […]
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 […]