Gather Important Records:

           Death Certificate (can be provided to probate attorney after initial meeting)

           Social Security Card

           Driver’s License

           Marriage Certificate

           Birth Certificate

           Birth Certificates of Children

           Insurance Policies

           Business Documents and Agreements (consider if the business had a succession     plan – this will be apart from the probate process)

           Auto Titles and Registration

           Deeds & Titles to other Property

           Bank Account Information

           Bank Safe Deposit Box Information (Who can access the box and where is the key?)

           Financial Account Information (stocks & bonds)

           Retirement Account Statements

           Tax Returns (last three years)

           Consider tax filing deadlines for the current year

                       Loan Documents & Debt Information

                      VA Information (discharge papers & VA claim number)

                      Digital Account Information (account information, passwords)

                      Information regarding Intellectual Property Rights

                      Social Media Account Information (access, information & legacy programs)

                      Estate Planning Documents (powers of attorney end upon death)

It is important to consider if any of  the above Assets have Beneficiary Designations.

Locate the Will. There is no formal requirement to file a Will before death.  If you cannot locate the original Will, you should also check with the attorney who prepared the Will – sometimes Attorneys will maintain the original Will.  Other places to look for an original Will include the following: bank safe deposit boxes, safes, gun safes, safe rooms, fire proof boxes and the freezer.  A lot of estate planning & probate attorneys use blue ink to help us determine that the document is an original. Original documents also often have colored jackets.  You should also check with other advisors such as CPAs, tax preparers, financial advisors, and insurance agents.  As mentioned below, at times and in certain circumstances a copy of a Will may be admitted to probate. Consider that a few companies offer digital vaulting of important documents such as Wills.

Review the Will or Trust. In other words, read it.  In Texas, the Will needs to be signed by the testator and be witnessed by two individuals above the age of 14.  I have seen many documents that fail to have all these requirements.  Never assume the Will is valid or invalid, see an attorney.

Every state has their own estate code and tax system.  These systems vary greatly from state to state.  Generally, in Texas, the original Will is admitted to probate, meaning filed with the court and retained within the court files.  However, in certain circumstances, a copy of a Will can be probated. Note, Texas also recognizes the existence of a “Holographic Will,” this Will needs to be “entirely” in the handwriting of a testator and signed.  Just signing a typed document doesn’t count.  Once you locate the Will you should keep it safe because your probate attorney will need to review it at the initial meeting.  Again, never assume the Will is valid or invalid, see an attorney.  You will need an attorney familiar with the probate process to guide you through the best course of action.  You cannot represent yourself in a Texas probate.

Another tip is to keep beneficiaries informed. There is no formal requirement to make a Will public to the beneficiaries by “reading” a Will in Texas.  However, there is a requirement that the beneficiaries be furnished with a copy of the Will.  Your probate attorney will take care of that and other legal requirements.

As always, check with your attorney to decide which method of estate administration is right in your particular circumstance.  It could save you time and money.

The post A Checklist for After the Funeral appeared first on Moak & Moak, P.C. -Attorneys At Law.

Once the immediate shock begins to settle, there are important steps to take in the first few days after someone dies. This is when funeral planning begins in earnest, and when you’ll start navigating the practical and legal side of loss.

Schedule a meeting with the funeral home to discuss arrangements. They will walk you through your options, including burial versus cremation, type of service, casket or urn selection, and timing. Bring a trusted friend or family member for support — and to help you remember details later. Don’t hesitate to ask about pricing for every item; funeral homes are required by law (the FTC Funeral Rule) to provide itemized price lists.

Decide on the type of service that best honors your loved one. Will it be a traditional funeral, a celebration of life, a graveside service, or something else entirely?  Consider their wishes, religious or cultural traditions, and what feels right for your family.

Select songs, hymns, poems, or readings that reflect the personality and life of the person you’ve lost. Music can be one of the most powerful and healing parts of a service.

You will need multiple certified copies of the death certificate, typically 10 to 15. The funeral home handles ordering these from the vital records office. Banks, insurance companies, the Social Security Administration, and many other institutions require original certified copies, not photocopies.

Draft an obituary for your local newspaper and any online platforms. Include the person’s full name, age, date of death, surviving family members, and details about the funeral or memorial service. Many funeral homes will help you write and place the obituary.

If the deceased had a life insurance policy, call the insurance company to begin the claims process. You’ll need the policy number and a certified copy of the death certificate. Life insurance claims can take several weeks to process, so starting early helps ensure funds are available when you need them for funeral costs and other expenses.

The funeral home usually reports the death on your behalf to Social Security. If the deceased was receiving Social Security benefits, those payments must stop. A surviving spouse or dependent children may be eligible for survivor benefits, so ask about this during your call.

Contact the deceased’s bank to report the death and inquire about joint accounts, beneficiary designations, and the process for accessing funds. You may need to present a death certificate. Do not withdraw money from individual accounts before the estate is properly handled, this will create legal complications.

Collect recent bank statements, tax returns, investment account information, mortgage documents, and records of debts or recurring payments.  This will be critical for the executor of the estate and for ensuring bills continue to be paid during the transition period. Check email and physical mail for statements and bills. Redirect the mail to an address that is checked regularly.

If the deceased had a Will, the named executor should begin the probate process. Contact an estate attorney to assist you in making sure all of the legal formalities are followed and addressed. The executor has a legal duty to manage the estate, pay debts, and distribute assets according to the Will, but they don’t have the authority to do so until the Will is reviewed and approved by the court.  If there was no Will, then the process can be much more complicated and an estate attorney can help you negotiate this process much easier because that is what they do.  To see this column and many more on this subject, go to www.moakandmoak.com.

The post What to Do When Someone Dies appeared first on Moak & Moak, P.C. -Attorneys At Law.

In short, the GUIDE program is designed to enhance the quality of life for individuals living with dementia and to support their caregivers. As I stated above, for anyone who has dealt with a loved one suffering from dementia, this is a welcome step in the right direction.  This program provides a range of services aimed at improving care and reducing the need for hospitalizations.

The GUIDE program includes several essential services:

–  24-Hour Helpline: Caregivers can access support at any time, ensuring they have guidance when needed.

–  Care Navigators: Families are assigned navigators to help them find local services and resources.

–  Financial Assistance: Up to $2,500 annually for respite care, which can cover in-home caregivers or adult day care.

The primary objectives of the GUIDE program are:

1) Improve the quality of life for individuals with dementia.

2) Reduce unnecessary hospital visits and emergency department use.

3) Support family caregivers in managing their responsibilities.

The program aims to alleviate the strain on caregivers by providing them with resources and support. This holistic approach not only benefits the individuals with dementia but also enhances the overall caregiving experience, allowing families to maintain a better quality of life.

I believe the 8 scariest words in the English language are “I am here from the government to help.” Additionally, I am hesitant to indorse a test proram, but I believe the GUIDE program could represent an  advancement in dementia care, focusing on comprehensive support for both patients and their caregivers.  By addressing the complex needs of those affected by dementia, the program seeks to create a more sustainable and effective care model.

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Each state has its own laws regarding estate planning and real estate. Property laws can vary significantly, affecting everything from the way property titles are held to how estates are taxed and probated. Therefore, the first step in planning your estate is to understand the specific laws that apply in each state where you own property. This may require consultation with estate planning attorneys who are licensed in each respective state to ensure all local regulations are met.

One of the primary challenges of owning property in multiple states is the possibility of having to go through multiple probate processes upon death. Probate can be time-consuming and expensive, particularly if it needs to be conducted in several states. To circumvent this, many estate planners recommend placing the out-of-state property in an limited liability company or perhaps a revocable living trust.

While Texas does not have an estate tax, if you own property in multiple states, you might be subject to estate taxes in each of those states, depending on their laws. Some states have higher estate tax thresholds than others, and a few have no estate taxes at all. Planning strategies might include shifting your domicile to a state with more favorable tax laws or restructuring ownership of properties to minimize the tax burden.

It’s also important to consider the impact of capital gains taxes and how they interact with estate taxes. In some cases, keeping property in the family can lead to significant tax advantages over selling it before death. An estate planning attorney can provide guidance on how to best manage these tax implications.

Organize and maintain detailed records for each property, including deeds, mortgage documents, insurance policies, and a list of all maintenance activities. This documentation will be invaluable for the executor of your estate or the trustee managing the trust.

As laws change and your personal circumstances evolve, so too should your estate plan. Regular reviews and updates will help ensure that your estate plan continues to reflect your wishes and adapts to any new laws or changes in your asset portfolio.

If your estate plan is complex, consider holding a family meeting to discuss your plans and the responsibilities each family member may have. This can help prevent confusion and conflict after your passing, ensuring everyone understands your intentions and the legal landscape.

Owing property in multiple states adds a layer of complexity to estate planning, but with careful preparation and expert advice, you can ensure that your estate is handled smoothly. Limited liability companies, trusts, strategic tax planning, and regular updates are key components of an effective multi-state estate strategy. Consulting with professionals who understand the nuances of multi-state estate planning will provide peace of mind, knowing that your legacy is secure and your wishes will be honored.

The post Ownership of Out of State Property in Estate Planning appeared first on Moak & Moak, P.C. -Attorneys At Law.

Filing out an out-of-hospital “Do Not Resuscitate” form for your loved one is part of bringing in hospice to provide  extra care.  When hospice comes in curative care stops and comfort care begins.  This is not an easy task to undertake for a loved one.

Many hold off signing an out of hospital do not resuscitate form because as someone goes down a path with no off-ramps, there could be times when resuscitation makes sense. Then there comes that day when you just need to accept those times are past; that if we have not reached the end, we can see it from here.

Advanced directives are designed to provide both guidance and comfort for those around someone who is nearing death, not to mention fulfilling the wishes of the one dying.  Without having real conversations about this issue, you might not have that comfort.  When you make a decision that basically accepts death as opposed to hope for life, it is hard, no matter how prepared for it you think you are.  You come to realize this in conversations with others, particularly where maybe not all family members are accepting of the finality.

Most of us have an extended family and most of them are not “on the ground” with us the last few months are days we live.  It is important that when the decision about the end of life is made, all of the close family is on board.  Some extended family may not be, but , it is none of their business. Respect and courtesy says you inform them, but when it comes down the decision time, it’s up to the person legally designated to make that decision. Talk to whomever you want, but in the end, it will be who you choose to share information that matters.  That is why it is important to really talk about the end of life when everyone is healthy and sound of mind. Such a conversation will provide a lasting memory and hopefully comfort.

I can not tell you how many unbilled hours this sweet lady spent with families, holding their hands and guiding them.  These memories came back to me reading her husband’s letter on this challenging time of life.

During these conversations you must be very clear with each other about what you want.  For instance, I have had many clients recount when a loved one had a feeding tube installed and that person had no hope of recovery. Often followed by the statement “if you stick one of those down my throat, I will come back and haunt you.”

When one is suffering from something like frontal temporal dementia, which can impact swallowing at some point, just remembering those conversations gives comfort as you are making that particular decision.

When you have these conversations, sitting at the kitchen table or on the patio, you are not thinking about the time you will have to make decisions about life or death. Most believe they will live long lives then fall over dead without a lot of complications.  However, life does not turn out that way.

This one hit close to home because my co-worker was such a sweet lady.  It reminded me of my father’s journey at the end.  Help your loved ones by communicating and making the decisions for them and then consult with an attorney to help you.  These documents are very important and you cannot afford to leave an I un-dotted or a T un-crossed.

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Another common thought is that I can just do this myself.  With the internet comes a vast amount of information and tools.  However, a person may not practice law in the State of Texas unless they are licensed by the State Bar of Texas per Section 81.102 of the Texas Government Code.  In fact, the unauthorized practice of law is prohibited by Section 81.106 of the Texas Government Code.  There will always be the shadetree “lawyer” who is going to do it himself or herself.  Most of these homegrown documents or instruments end up creating problems that cost more in the long run.

While the traditional tools work very well at accomplishing their designated tasks, you might be surprised to learn that they are not the only tools available for estate planning.  Depending on your particular assets and desires, then the use of a limited partnership, limited liability company, corporation may be right for the situation.

All of the business entities mentioned above are common when a business is owned by different individuals.  While the primary purpose for forming one of these business entities is for liability protection, they also provide for a means to manage the business and eventually shift ownership.

Limited partnerships have general and limited partners, the general partner(s) are responsible for management and decision making.  The limited partners are investors or owners with no management or decision making authority.

Limited liability companies and corporations have either membership holders or shareholders.  Typically the membership/shareholder(s) elect the officers who are responsible for management or decision making.  Thus, the membership/shareholder(s) with the greater number of membership interests or shares control.

The interests in all of these forms of business entities are something that can be transferred over time, therefore making a perfect vehicle for parents or grandparents to maintain control over assets owned by the business entity until they pass away or are ready to shift the majority of the ownership over to the next generation for control.  An additional benefit is that the family also has liability protection. So, using a family owned ranch/farm for example, if one family member is sued or found liable in some accident, then the assets of the other family members in ranching/farming business with them are not susceptible to being taken.  Another benefit is that incidents such as incapacity, death or divorce, can be addressed in the governing documents.  This means that should one of these events occur, there is a plan for how the property owned by the business entity is transferred.

If you are thinking of working on your estate plan, then perhaps one of these business entities is right for you.  Or maybe you are a candidate for a more traditional plan.  In either case, you should sit down with an attorney familiar with traditional plans and business entities to find out what estate plan is best for your needs.

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Don’t let this happen to you and your family.  For your own peace of mind, read on to understand the basics of Medicaid planning and secure eligibility for long-term care benefits for the elderly.

What is Medicaid for Seniors?

Medicaid provides Texas’ poorest seniors with vital health insurance coverage and a safety net for long-term care when they have exhausted their own financial resources.

How is Medicaid different from Medicare?

Medicaid is a state program while Medicare is a federal health insurance benefit. Medicare covers many healthcare expenses including in-patient and out-patient care, and prescription drug coverage. It does not, however, cover long-term elderly care unlike Medicaid.

Medicaid is designed to provide comprehensive health care coverage for low-income seniors, children and people with disabilities. But you don’t have to be necessarily impoverished to become eligible for its benefits. In fact, many middle-class seniors rely on Medicaid to afford long-term care.

Monthly nursing home bills average between $7,500 to $12,500 a month in Texas. These costs could drive even seniors with a sizable income to financial ruin within months from entering a nursing home.

Thankfully, there are provisions within Medicaid that allow you to protect your assets, secure a financial cushion and still be able to qualify for its long-term care benefits.

How can you become eligible for Medicaid?

In demonstrating eligibility for Medicaid’s long-term care benefits, two things matter – your assets and your income. Understanding Medicaid’s prescribed limits will guide you with your planning.

Medicaid determines eligibility by assessing the value of your assets. Most assets such as bank accounts, stocks and bonds, real estate, cars and boats, and some trusts are considered countable assets. Below is a short list of assets that are exempt from being “counted”:

– Your home or your principal place of residence

– Your personal belongings such as clothing, jewelry, furniture and other household items

– Your one motor vehicle or your primary mode of transportation

– Your prepaid funeral plan

– Your life insurance policy

– Other assets deemed “inaccessible” because they are protected by a will or a trust

Medicaid’s 2020 guidelines state that a nursing home resident should have no more than $2000 in countable assets. A resident’s spouse who does not live in a nursing home can keep half of the joint countable assets with a maximum total value of $128,640.

Income Limits

Medicaid sets income limits to nursing home residents and their spouses. As of 2020, a nursing home resident and their spouse is allowed to have $35 each per month. The excess monthly income is paid to the nursing home to cover the cost of care.

Ideally, you should secure your eligibility for Medicaid long before you step foot in a nursing home. Pre-need Medicakd Planning anticipates the need for nursing home care in the future while you’re healthy.

An effective strategy in Pre-need Medicaid Planning is a long term care insurance policy.  This allows you to avoid the Medicaid system altogether and remain in your home.  The ideal age to begin this planning is 60 years of age.  You should sit down with your insurance agent and have them look for plans that provide coverage should you need assistance.

Another possibility is an Irrevocable Trust.  That means a trust that cannot be changed after it is created. It works by protecting your income and assets from being “counted” by Medicaid. In an Irrevocable Trust, your assets are owned by the Trust and not by you as an individual. Minimizing your countable assets allows you to qualify for Medicaid benefits when the need arises.

But not all Irrevocable Trusts meet Medicaid’s guidelines. For example, if your spouse is receiving payments from the Trust, then a portion of it would be considered “countable” and possibly disqualify you from Medicaid.

If your loved one suddenly falls ill and the doctor tells you that they will be needing full-time care in a nursing home, what do you do? Is it too late for MedicaidPlanning?

Where can you go for help with Medicaid Planning?

Engaging a legal professional can help you secure Medicaid benefits to mitigate the cost of expensive long-term care. They should be able to help you navigate the complexities of estate planning and elder law and ensure that you have the best Medicaid strategy in place.

The post Medicaid Planning in Texas appeared first on Moak & Moak, P.C. -Attorneys At Law.

Of course, Texas is also home to many people who’ve crossed the national border, traveling from abroad and making the Lone Star State their new home. The same goes for these proud ex-patriots: you need to take a long, hard look at your existing estate plans in a new jurisdiction.

The Wall Street Journal recently featured one American family’s struggle after their father was killed in a terrorist attack while living in Israel. Estate planning emerged as one of their chief concerns. To that end, the Journal shares the following advice:

Estate planning done in one country isn’t always recognized in another.

Even if the plan is recognized, it might be interpreted or executed differently than expected.

Make sure your healthcare directives and powers of attorney comply with both U.S. federal regulations and the laws of Texas.

Be sure you understand the tax liabilities that might apply in each country (and know which countries will take priority).

Never assume the validity of any of your documents or provisions after a move. Confirm with a professional instead.

Your Will should be reviewed periodically and the appropriate adjustments made.  Some other factors to consider that make dictate reviewing your Will and estate plan:

• Events that automatically revoke a Will: In most states certain actions on your part automatically revoke your Will.  The specific actions vary from state to state.  Examples may include marriage and the birth or adoption of a child.  Other actions, such as divorce, can cause property left to a former spouse to pass as though your former spouse predeceased you, which may or may not be what you intended.  With every major life change, you should review your Will and consult your local attorney to see if a new Will or other changes are required.

• Marriage, divorce or death of a spouse: Marriage brings about legal relationships that can revoke or conflict with the terms of a Will made prior to the marriage.  The end of a marriage requires a fresh look at your Will and, most likely, will lead you to designate different beneficiaries.

• Birth or adoption of a child: Although some states may automatically revoke your Will at the birth or adoption of a child, others may have laws that offer safeguards for children born after your Will was made.  You’ll want to make sure that your Will reflects your wishes for how your property is distributed among your offspring.  On the subject of offspring; you may also want to revise your Will when the grandchildren come along.

• Changed status of a beneficiary:  Children grow up and get married (or divorced).  A child or other beneficiary may become sick or disabled or may die.  Events in the lives of your loved ones can have an impact on what you want to leave your beneficiaries and how you leave it.

• Changes in your assets or asset value: Over the years your wealth is likely to increase.  You may have acquired assets (i.e., an investment portfolio, a business, valuable collectibles) that you did not have when you made your Will.  You may have sold an asset for which you named a beneficiary when you originally made your Will. In other words, your personal financial picture is constantly changing, and your Will should be updated accordingly.

• Retirement: Major changes in your life and your financial holdings occur at retirement.  You may receive a lump sum distribution from a company retirement plan, sell the family home and move to a smaller residence.  Put Will review on your retirement planning checklist.

• Changed tax laws: Income, inheritance, estate, gift and generation skipping tax rules are revamped regularly.  Failure to make the appropriate adjustments to your Will may mean missing tax saving opportunities.

If you are new to Texas, or even if you’ve been here a while but haven’t dusted off your Wills and trusts since relocating, hiring an attorney to review and revise your estate planning documents can help you ensure that the technical formalities of Texas law are followed and that your gifts are clear and easily understood.  Spending a few dollars now will save your family and loved ones from spending more later.  Not to mention the confusion and grief  that will be avoided.

The post Welcome to Texas! Have you reviewed your Will? appeared first on Moak & Moak, P.C. -Attorneys At Law.

I have address this topic several times in the past, but it is a continuing problem and one of my personal pet peeves.  While in the past, many trust salesmen used the offer of a free meal to discuss a LIVING TRUST SEMINAR, today the preferred method is social media.  So, I continue my battle against these Snake Oil Salesman.

The Promises of a Revocable Living Trust

The promise is that a revocable living trust is the end all be all for transferring your assets.  However, the presentation amounts to a scare tactic to talk folks into buying their product, a living trust.

However, these ads are just another clever marketing ploy to attract senior investors and the product they are selling is useless, costly and quite frankly, a pain in the rear to maintain.   This large segment of our society is often invited to “seminars,”  “free lunches” or social media ads for the senior investor.  But remember the wise old saying,  “There is no such thing as a free lunch.”

Offers to Entice

“Free educational seminars” are often offered by some group (as this upcoming one is, from out of state or backed by an out of state company) promising to show those over 55 how to avoid probate, avoid the high cost of probate,  reduce or eliminate taxes (cut the IRS out of your Will), protect your privacy and promoting the need for a living trust.  Some offer unnecessary partnerships, limited partnerships, “family” partnerships, and limited liability companies.

State Bar of Texas Advisory

The State Bar of Texas has issued an advisory opinion regarding advertising and promoting living trusts for attorneys.  Attorneys are not supposed to advocate a living trust over a Will or vice-versa.  They should give you the pros and cons of both documents.  However, these con artists are not bound by any such rules.

It’s easy enough to become a victim.  Living trust sales are a growing area of consumer fraud.  Con artists make millions of dollars every year selling unnecessary trusts.  Each year, thousands of consumers lose from $500.00 to $5,000.00 through the purchase of living trusts.  Often, families face potentially greater costs after the consumer’s death, resulting from problems associated with the trusts.

What You Can Do To Protect Yourself

It is very difficult to get your money back if you are cheated in a living trust scam.  So before you buy, and better yet, before you allow a salesperson in your home, remember:

1. Take time when making your decision.  Do not fall victim to high-pressure “act immediately” sales tactics.  Avoid buying on impulse.

2. Never respond to an offer you don’t thoroughly understand.  Legitimate advisors understand when you want more information about their services or products.

3. An age old adage works well here, “If it sounds to good to be true, it probably is.”  Often a trust sounds like just the right solution, but in reality it can cost 4 to 5 times as much to create a trust as the cost of a good Will and you receive no more benefit.

4. Seek the advice of someone knowledgeable whose advice you value when considering an estate plan.  Seek the advice of your accountant, estate planning attorney, banker or reputable financial advisor.  Be sure you are working with someone with the necessary training, education and experience for your particular state (Texas).

5. If you conclude that a trust may be right for you, deal directly with a licensed Texas attorney who has substantial expertise in estate planning and Elder Law.

An Estate Attorney is Best

The laws which apply to trusts vary from state to state.  Forms, kits or computer software programs may not be tailored to the requirements of Texas law.  A licensed Texas attorney with expertise in estate planning and Elder Law should prepare, or at least review, your living trust.  Also, a trust prepared by an attorney will generally cost less than the prices charged by trust salespersons.

Next week I will discuss some of the more common tactics employed by Snake Oil Salesmen.

The post REVOCABLE TRUST OR WILL? Part 1 of 2 appeared first on Moak & Moak, P.C. -Attorneys At Law.

If the decedent had a Will it should name an individual to carry out the duties of administering the estate.  The individual named in the Will to carry out the administration is called an executor.  If the Will does not name an executor, then the court will appoint one.  If the court appoints such a person because the Will does not name an executor or the decedent died without a Will, that person is called an administrator.  Either way, the executor or administrator has to be approved by the court and has legal obligations and duties to the court and those who receive property from the estate.  If the executor or administrator acts improperly, he or she may be held liable for any resulting damages and his or her appointment may be terminated by the court.

In Texas, there are several different methods of administering an estate.  Texas is one of the states that provides for independent administration.  This is administration free of court supervision.  This means that after an independent executor or administrator is approved and an inventory of the estate assets is filed with the court, the executor or administrator can simply take care of the administration of the estate without any further court involvement or supervision.

If there is no need for the appointment of an executor or administrator and the only reason for probating a Will is to clear title to property, a Will can be admitted to probate as a muniment of title.  Under this procedure, there is no executor or administrator appointed.  It is a somewhat simplified method of administering an estate than the traditional formal administration.  This is not for all estates due to certain requirements, therefore you should contact your attorney to see if your situation applies.

If the value of the estate, excluding the homestead, exempt personal property, and non-probate assets, does not exceed $75,000.00, no formal administration is necessary if the heirs file an affidavit with the court showing they are entitled to receive the property of the estate.  In addition to the $75,000.00 ceiling, the small estate affidavit procedure is available only if the assets of the estate, excluding the homestead and exempt personal property, exceed the known liabilities of the estate.  One limitation on the small estate affidavit is its general ineffectiveness to transfer title to real property.  The small estate affidavit is effective to transfer title to a homestead if the homestead is the only real property in the estate.  However, if the estate contains any real property other than just the homestead, the affidavit will not clear tile to any of the real property, including the homestead.

Informal family settlements is another option.  They are permissible where the estate is small and consists only of personal property, such as personal effects and household furnishings, but generally not where the estate includes bank accounts, stocks, and bonds.  If a motor vehicle is involved, a new certificate of title may be applied for by filing an affidavit of heirship with the Texas Department of Public Safety.

A common mistake is that when one spouse dies, the surviving spouse does not have to file anything with the courthouse.  This is not the law in Texas.  Texas offers many different ways to probate or transfer an estate’s assets and therefore you should contact an estate planning and probate attorney for assistance on what route may be best in your particular situation.

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