A transfer on death deed transfers an interest in real property from the owner to a designated beneficiary(ies) effective at the transferor’s death. This was established in 2015 by the 84th Legislature and is addressed in the Texas Estates Code §114.051. Originally, the State adopted promulgated forms for these deeds. However, in 2019, the 86th Legislature removed …
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 …
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 …
Risk of Neglecting Your Estate Plan The information in this column is not intended as legal advice but to provide a general understanding of the law. Any readers with a legal problem, including those whose questions are addressed here, should consult an attorney for advice on their particular circumstances. Life is unpredictable and certain events …
Think of Your Health Care Needs in Advance The information in this column is not intended as legal advice but to provide a general understanding of the law. Any readers with a legal problem, including those whose questions are addressed here, should consult an attorney for advice on their particular circumstances. For most people, thinking …
Continue reading “Think of Your Health Care Needs in Advance”
A good friend and classmate, Matthew Crider, practices estate planning law in California. He wrote an article on the pros and cons of probate there, so this week, I have done the same for probate in Texas. Many times the term “probate” frequently carries a negative connotation. In fact, financial planners advise many individuals, …
I am amazed at how many times I am asked is “Do I need to probate this Will?” Unfortunately, when a spouse passes away, the surviving spouse is given misinformation that they do not need to probate their deceased spouse’s Will because they were married. This is not the rule of law. Unfortunately, many surviving …
