Estate administration is the management and settlement of an estate by a personal representative approved by the court. Estate administration may not be necessary when the deceased person’s (decedent’s) estate is so small that no action is necessary to distribute the property to the beneficiaries or heirs. However, estate administration is required in most other …
With the influx of people to Texas in the last few years, it occurs to me that many may not be familiar with the system of Probate in Texas. Probate is one of the most misunderstood words in the legal language, probate is simply the administration of a deceased person’s property or transfer of their …
I am commonly asked, “how long will the probate take?” My patent response is, “that depends a great deal on how organized your loved was.” If, like so many, you are prone to disorder in the keeping of important documents, assuming that you keep them at all, you may be well past due for a …
You may not be aware of this, but attorneys are required to participate in continuing legal education. The State Bar of Texas requires each attorney to participate in 15 hours of continuing legal education each year. However, if you participate in over 33 hours each year, you will qualify for membership in the State Bar …
Continue reading “Documents Commonly Reviewed as part of Probate”
I am often asked “If I have a will. Does it have to be probated ?” The answer to that varies with the situation. First let me define Probate. Probate is the court procedure by which a Will is proved to be valid or invalid. In current usage probate has been expanded to generally refer …
When Someone You Love Dies In my office, we are long on both Probate and Life Experience. Having focused my law practice on estate planning and probate, I have helped thousands with transferring their assets after a loved one passes (probate) and likewise I’ve guided thousands with drafting their estate planning documents to avoid issues …
Continue reading “A Practical Guide When Someone You Love Dies”
A common nonprobate asset is an investment account with either a named beneficiary or designated to transfer on death. When you name beneficiaries for non-probate assets, it can have various implications for each person. The outcome may vary based on individual circumstances and goals. It is important to understand that there could be potential …
Recently, I met with a client who had lost their spouse. They owned a home together and had purchased the real estate 40 plus years ago. In order to sell the home, since the spouse passed without a Last Will and Testament, the surviving spouse could not sell the home. They would have to resolve …
In past columns I have discussed the importance of having a Last Will and Testament. A Will is important because it allows you to direct the distribution of your assets and enables you to name a guardian for your children. However, a Will does not take effect until you are no longer alive. What if you have …
Continue reading “Help, I’ve Fallen and Can’t Get Up! Now What?”
I recently corresponded with my good friend, Matt Crider, who practices law in California. The system of probate in California is vastly different that here in Texas. In California, transferring a person’s assets through a Will can take 2 years and the court sets the fee. Probate is simply the administration of a deceased person’s …
