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 […]
Category: Probate Law
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 […]
How to Transfer Vehicle Ownership After Death in Texas
When a loved one passes away, handling their estate can be challenging, especially when it comes to transferring ownership of their assets. One common asset that often needs to be transferred is a vehicle. In Texas, there is a simplified process for transferring the title of a vehicle after the owner’s death, particularly when the […]
Pretermitted Children and Inheritance in Texas: Understanding Your Rights
In Texas, inheritance laws are designed to ensure that the wishes of a deceased individual (the testator) are honored and that their assets are distributed according to their estate plan. However, sometimes unforeseen circumstances arise, such as the birth or adoption of a child after the creation of a will. These children, known as “pretermitted […]
How to Ensure Family Access to Texas Bank Accounts After Death
When a Texas resident dies, finances are often an immediate concern to the surviving family. Between funeral costs, final medical expenses, and simply keeping up with the deceased’s bills, access to the deceased’s funds can be crucial to navigating the aftermath of a passing. Unfortunately, unless the deceased planned ahead, getting access to the money […]
The Legal Validity of Signatures on Texas Wills
Navigating the nuances of will signatures in Texas can often lead to complex legal discussions, especially when those signatures deviate from conventional norms. The importance of how and by whom a will is signed cannot be overstated, as it directly impacts the document’s validity and enforceability. Understanding Holographic Wills and Signature Requirements In Texas, a […]
Who Can See a Will After Someone Dies?
When a loved one passes away, the handling of their will can become a focal point of concern, particularly for potential beneficiaries curious about their inclusion in the will. Conflicts often arise when someone is believed to be withholding the will or refusing to disclose its contents. Understanding the legal obligations and rights concerning the […]
Can Felons Serve as Executors in Texas?
The implications of having a criminal record can complicate one’s ability to serve in significant roles, such as an executor of an estate. Traditionally, Texas law has been stringent about who can serve as an executor of an estate. Being an executor is a crucial role, involving managing a deceased person’s estate and ensuring that […]
Understanding the Duties of an Administrator to Beneficiaries in Texas
Once you have been appointed as an Administrator or Executor of an Estate, you are now a fiduciary for the beneficiaries and persons interested in the estate. As a fiduciary, there are certain duties in which you owe such beneficiaries. When determining what those duties are, Texas law generally holds an Administrator to the same […]
Divorce and Estate Planning in Texas
Divorce is a significant life event that brings about emotional and financial changes, impacting more than just one’s marital status. Among the numerous adjustments, one critical area that often gets overlooked during and after divorce proceedings is estate planning. In Texas, where state laws uniquely influence estate planning and probate processes, understanding how divorce affects […]