Lady Bird Deeds are a popular estate planning tool in Texas that allow property owners to retain a life estate while transferring their property to a designated beneficiary upon death. The key benefit is that they can be revoked if situations or desires change. But what about joint Lady Bird Deeds executed by both spouses? ...KEEP READING
When you make a filing with the courts or enter an appearance, you are subjecting yourself to the rules of the court. Litigation is a serious matter. It has real-world consequences, like sanctions, which can be very serious. The courts have a number of laws and rules at their disposal to ensure that the parties...KEEP READING
The probate process involves settling the decedent’s financial obligations, paying debts and taxes, identifying and appraising assets, and distributing the remaining assets to the rightful beneficiaries or heirs. This is a multifaceted process that involves a careful balance of probate laws, family relationships, beneficiary interests, and executor responsibilities. One particularly crucial aspect of the probate...KEEP READING
In Dallas, Texas, Jimmy’s life took a complicated turn when he lost his wife and was faced with navigating the nuances of Texas estate law. His stepson Bob, absent for nearly a decade, unexpectedly inherited a 50% stake in the home Jimmy thought was fully his. Texas Estates Code provides guidelines for what happens when...KEEP READING
What happens if someone owns real estate that is subject to a mortgage and the mortgage goes unpaid because they died? Can the bank foreclose on the property? If so, what steps should the surviving family members take to protect the property? The recent Midfirst Bank v. Robbinson, No. 3:22-CV-0333-M-BH (N.D. Tex. 2023) case provides...KEEP READING
There is no set limit for when probate administration is required or warranted in Texas. While some large estates may not have to go through probate, some small estates do. Alongside other factors such as family disputes or complex financial arrangements, the value of the estate and the nature of its assets play a significant...KEEP READING
Transfer-On-Death Designations in Texas When it comes to estate planning in Texas, there are many different tools and strategies available. One option that is often overlooked, but can be incredibly useful, is the use of the transfer-on-death (“TOD”) designation. This designation can allow you to name beneficiaries for certain assets, which will then pass to...KEEP READING
A pour-over will can be used in situations where privacy is a concern. This is especially true if the pour-over will is combined with a living trust. In this case study, we will explore the probate process of a pour-over will involving real estate owned by the decedent for 66 years. We will discuss the...KEEP READING
Losing a parent is a heart-wrenching experience. When your departed parent has not left behind a will, which is referred to as “dying intestate,” the process can become more complex and daunting. Under these circumstances, the decedent’s estate is distributed in accordance with Texas intestacy laws. These laws are nuanced and difficult to apply if...KEEP READING
