Estate Planning According to the Texas homestead law and the Texas Probate Code, a surviving spouse has the right to live in exempt homestead property if she so chooses. If your surviving spouse decides to claim her homestead exemption and live in her homestead during her lifetime, your homestead estate cannot pass to your surviving heirs. Texas’ generous homestead laws also provide homestead exemptions to surviving spouses for personal homestead property. This means that if you created a will … [Read more...] about Texas Homestead Laws and the Texas Probate Code: Part 2 of 3
Wills and Trusts
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
Who Gets My Property If I Die Without a Will?
If you're considering what happens to your property after you die, it's important to know that unless you take adequate steps now, your property may pass to those whom you do not wish to receive it. In some instances, the failure to create a last will and testament or other estate planning device can even lead to the state government inheriting your property. If you create a will, you get to determine who receives your property. You can choose anyone you wish, and are under no obligations to … [Read more...] about Who Gets My Property If I Die Without a Will?
Is It Time to Make Changes to My Will?
Creating a will is an important aspect to estate planning. When as the last time that you took a look at your will? 5 years ago? 10 years ago? Take a look at the following information, to understand when you may need to make changes. If you have any questions, or if you’d like to review your will, contact an estate planning attorney. A will is only effective if it’s current; otherwise, it’s likely useless. You likely want to make sure that your current wishes are respected. If you … [Read more...] about Is It Time to Make Changes to My Will?
Five Questions to Ask When Considering Creating Your Own Will
With so many resources available on the internet, you may be tempted to turn to online forms and will kits for your estate planning needs. But ask yourself these five questions first…. 1. Do you have children? Parents with minor children have specific challenges in estate planning – not only in naming a guardian for their children, but in making sure they have tools in place to handle the transfer of property and more. 2. How much property do you own? If you do not own a home or … [Read more...] about Five Questions to Ask When Considering Creating Your Own Will
Estate Litigation: Why a Trust may be Disputed
Like contesting a will, disputing a trust is an emotionally charged and complex issue. While trust disputes are not as common as will contests, they do occur and are often based upon the same type of issues. 1. The legality and validity of the trust itself. With the plethora of online tools to create a trust, there can be legal issues that occur with improperly prepared documents as well as documents that may not reflect the true intentions of the person creating the trust. 2. Removal of … [Read more...] about Estate Litigation: Why a Trust may be Disputed
Four Things that do not Belong in a Will
Creating a will is the cornerstone of estate planning – a will names a guardian for minor children, names an executor for an estate and allows you to distribute your property. While wills are certainly critical, they are not the place for all of your estate planning directives. Some of the issues that should not be addressed in a will are: Medical Directives A will is not read until after you pass, so advance medical directives, a set of documents that address medical and power of … [Read more...] about Four Things that do not Belong in a Will
Don’t Wait for an Emergency to Create a Will
Robert Porter of Kerville, Texas was trapped in his car for three days recently. The 85-year-old World War II veteran did not think he would survive, so he decided to write his Last Will and Testament — on his car console. Fortunately, Porter was rescued and his car-console Will was never executed. Handwritten or "holographic" Wills are legal, in Texas and other states, even if they are not witnessed. Such Wills must be entirely in the testator's handwriting and signed by him or her. Porter's … [Read more...] about Don’t Wait for an Emergency to Create a Will
