This three-part blog series discusses the steps of probating a decedent’s will after he or she dies. If you are the decedent’s appointed executor or personal representative, you may be able to gain a cursory understanding of your probate duties during the next several months by reviewing these blog entries. If you are the personal representative of a decedent who died intestate or without a validly written will, your duties will also include locating the decedent’s heirs. Once you locate any … [Read more...] about Procedures in Probating a Will in Texas: Part 1 of 3
Probate
Inheriting an Underwater Home
Usually, inheriting real estate is a good thing. However, in today's real estate market many homes are underwater. That means there is more debt on the home than there is equity in the home. If you inherit an underwater home, it is important that you speak to a Probate lawyer right away. Should you choose to do nothing and inherit the property, it is likely that you will also be inheriting the debt. Obviously, leaving you with debt was not the deceased's intent, but the possibility is a fact of … [Read more...] about Inheriting an Underwater Home
Famous Estates – Legacy Champ or Chump
Harry S. Truman (1884-1972) -- 33RD President of the United States, 1945-1953. 37% Shrinkage of the Estate $747,648 Gross Estate $ 90,986 Less Settlement Costs $188,666 Less Death Taxes $279,652 Total Costs $467,996 Final Estate Value Truman might have been the President of the United States, but even Presidents can fail to properly plan. You decide. Is a 37% loss of the Estate good planning by someone with a vast array of professionals available to assist him? If you … [Read more...] about Famous Estates – Legacy Champ or Chump
Texas Affidavit of Heirship
If you are an heir of a person who has recently passed away in Texas, you should speak to an experience Texas Probate attorney as soon as you possibly can. Unlike most other states, Texas has a special streamlined Probate procedure that you might be able to take advantage of to receive your inheritance more quickly and easily. The procedure is called an Affidavit of Heirship. In this procedure two disinterested witnesses swear under penalty of perjury that you are the heir of the deceased. … [Read more...] about Texas Affidavit of Heirship
Probate Passport Project
In 2011, the Texas Young Lawyers Association created the “Texas Probate Passport,” a new project which is essentially a pamphlet outlining the estate planning rights that Texans have. This new informational brochure is available electronically in PDF format, and you can access it by clicking here. The passport is a valuable legal tool that provides Texans with a rather detailed summary of what happens to their personal possessions and real property when they die with or without a will, or … [Read more...] about Probate Passport Project
Muniment of Title
Under Texas law, you can bypass the formal probate administration process in limited circumstances. You may use this procedure when you need a court solely to clear or establish ownership or title to property belonging to a decedent. In situations where a decedent did not appoint an executor to administer his or her will, a Texas court may admit the will to probate under the muniment of title procedures. In a muniment of title proceeding, the court does not appoint an administrator to administer … [Read more...] about Muniment of Title
Texas Homestead Laws and the Texas Probate Code: Part 3 of 3
Estate Planning: As previously mentioned, Texas law allows residents to exclude a broad range of personal property as exempt homestead property set-asides. Exempt personal property set-asides include any personal property of up to $60,000 per family or $30,000 for unmarried residents. This includes household furnishings, business property and tools, clothing, toys and books. Texas homestead exemptions include farming or agricultural equipment, some agriculture livestock and household pets and … [Read more...] about Texas Homestead Laws and the Texas Probate Code: Part 3 of 3
Nuncupative or Oral Wills in Texas: Part 3 of 3
If you read the last two posts in this series, you now know that oral or nuncupative wills may be effective to transfer your testamentary property only in limited circumstances. If a Texas probate court denies your oral will into probate, you are subject to the state’s intestacy laws created for those who die without valid wills. If you die without a written will in Texas, you may be unintentionally diminishing the assets within your estate and delaying the probate process. Call our office to … [Read more...] about Nuncupative or Oral Wills in Texas: Part 3 of 3
Nuncupative or Oral Wills in Texas: Part 2 of 3
When you create a nuncupative or oral will in Texas, you can only do so if you are very ill and devising personal property. Real property bequests by oral will are not valid. Furthermore, you must make your oral or nuncupative before at least three witnesses if you devise more than $30 of personal property. Your witnesses (or witness if devising less than $30) must probate your oral will within six months of your death. After six months, an oral will is invalid and ineligible for probate. Since … [Read more...] about Nuncupative or Oral Wills in Texas: Part 2 of 3
Nuncupative or Oral Wills in Texas: Part 1 of 3
An oral will is a nuncupative will. In many states, nuncupative wills are invalid or strictly construed. Typically, in states that acknowledge oral or nuncupative wills, testators must create them as their final acts before death. Commonly known as a dying deathbed exception to the typical requirement that a will is valid only if in writing, oral wills may be valid in Texas. Texas law limits the use of nuncupative wills to those who are dying on their deathbeds or at war. In Texas, a nuncupative … [Read more...] about Nuncupative or Oral Wills in Texas: Part 1 of 3
