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
Texas Homestead Laws and the Texas Probate Code: Part 2 of 3
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
Texas Homestead Laws and the Texas Probate Code: Part 1 of 3
Estate Planning: Texas’ homestead laws provide residents with generous exemptions from creditors’ claims. If you live in Texas and owe money to a creditor, the state’s homestead laws strictly limit what a creditor can garnish, lien or collect from you. The state’s generous homestead allowance extends to probate administration. Spouses who survive their significant others have homestead property rights under Texas law. The Texas homestead laws allow surviving spouses to use their homestead … [Read more...] about Texas Homestead Laws and the Texas Probate Code: Part 1 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
Probate Procedures in Texas: Part 3 of 3
A validly created will is one without evidence of mental duress, incapacity or fraud. This means that in addition to being mentally competent to draft your will, you must not have been coerced or pressured into making it. If someone threatened physical violence or blackmailed you into creating certain provisions within your will, your will is invalid under the duress prohibition. Texas law requires probate of your will within four years of your death. Unless you comply with the requirements of … [Read more...] about Probate Procedures in Texas: Part 3 of 3
Probate Procedures in Texas: Part 2 of 3
As recommended by the Texas Bar Association, although you may be able to draft your own will, an experienced lawyer should help you draft it, since your will controls the disposition of your assets when you die. Furthermore, a probate attorney can help you comply with the testamentary requirements to draft a legally binding will and can help your estate from expending money on probate issues you could have avoided with proper legal advice. If a probate court determines that your will is … [Read more...] about Probate Procedures in Texas: Part 2 of 3
Probate Procedures in Texas: Part 1 of 3
State laws govern the legal requirements necessary for drafting valid wills. In Texas, residents can draft three types of wills, and each type has its own set of legal requirements. Generally, as a Texan, you can create an oral will, a typewritten will or a holographic or handwritten will. Although each type is different, you must meet the general legal requirements to create a valid will pursuant to the Texas Probate Code. To create a will in Texas, you must be at least 18 years old or be … [Read more...] about Probate Procedures in Texas: Part 1 of 3
Architectural Continuing Education
On December 16, 2012, Stephen A. Mendel served as a continuing education instructor on Legal Issues for Texas Architects. Mr. Mendel's presentation covered Compliance with the Rules & Regulations on the Practice of Architecture, and Complying with the Texas Standards of Professional Conduct. The educational topics included, but were not necessarily limited to, ensuring competence, avoiding reckless and dishonest practice, avoiding conflicts of interest, preventing the unauthorized practice … [Read more...] about Architectural Continuing Education
