Heirs and beneficiaries are often informed by banks, mortgage companies, and other financial institutions that they need Letters Testamentary or Letters of Administration to be able to access funds in bank accounts or obtain information related to a mortgage. This article will discuss what these letters are and how to obtain them from the court. […]
Category: Probate Law
Understanding the Texas Durable Power of Attorney
What Is a Durable POA? Often included as part of a complete estate plan, this document provides a way to choose someone to make financial decisions on your behalf when you cannot make those decisions yourself. The person creating the Power of Attorney is known as the “principal,” and the person given the ability to […]
Understanding the Texas Medical Power of Attorney
What Does a Medical POA Do? A Medical Power of Attorney allows you to choose someone who will make medical decisions when you are unable to do so. The person creating the Power of Attorney is known as the “principal,” and the person given the ability to make the medical decisions is known as the […]
The Texas Living Will
Also called a “Living Will,” this document clearly communicates to family, caregivers, and physicians what exactly the patient’s wishes are for health care once the patient can longer make medical decisions, including life-sustaining treatments. The document allows the patient to define different choices about medical care, depending on whether the medical condition is “irreversible,” or “terminal.”
The Texas Slayer’s Rule Applied to Intestate Succession
In this post, we will examine whether an heir that murdered an intestate decedent (a person who died without a will) may inherit under Texas law. This article will not address inheritance under a will or by contract (e.g. life insurance policy). The Texas Estates Code and Texas Insurance code address those issues and are […]
Probating a Will as a Muniment of Title
A muniment, also called a muniment of title, is a document indicating title or ownership of an asset. In modern practice, a muniment serves to transfer title of real estate when there is no need for a formal administration of an estate.When Should It Be Used?Muniments are most commonly used when the only asset in […]
Preserving the Homestead Exemption with Living Trusts
Preserving the Homestead Exemption with Living Trusts Revocable Living Trusts are a popular estate planning structure in Texas, but when it comes to homestead property, owners should be aware that the trust’s language can mean the difference between preserving or forfeiting a homestead’s property tax benefits. Maintaining Homestead Tax Exemptions through a Qualifying Trust A […]
Estate Planning for Parents of Young Children
While many people do not think about making a will until retirement age, it is just as important for younger adults. For parents with young children, it is imperative to have a valid and updated will. Not only does a will direct who will inherit in the event of death, but also allows parents to […]
Using the Probate Process to Stop Foreclosure in Texas
After a person dies, real property is immediately owned by the heirs-at-law if there is no will or by the beneficiaries in a will if the person left a last will and testament. Tex. Estates Code §§ 101.001(a), 201.001, 201.002, 201.003. Many properties that are inherited by heirs or given to devisees under a will […]
Adoption By Estoppel
When a decedent with children leaves no will at the time of death (known as dying intestate), the children of decedent will generally inherit the estate. The Texas Estates Code specifies that a child includes an adopted child, whether the adoption occurred through formal proceedings or an equitable adoption. Tex. Est. Code Ann. § 22.004 […]