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What Is The Simplest Probate In Texas When There Is No Will?
If your loved one died without a Will, transferring his or her assets to beneficiaries can be quite difficult. If no action is taken, assets will not be properly transferred and the beneficiaries will have to take some legal action down the road to straighten out the situation. In some cases, a costly determination of heirship proceeding and dependent administration of the estate may be required.
Read MoreShould You Consult An Attorney Before Signing A Real Estate Contract?
The price you pay for this advice before signing a contract can easily save you many thousands of dollars and lots of headaches and trouble in the future. A review of a standard residential purchase contract generally would not be more than a few hundred dollars. More complicated contracts, of course, would cost more to review or draft, but the cost would still be far less than any negotiation or litigation later to address problems that arise.
Read MorePrenups Aren't Just For The Rich And Famous. 5 Reasons To Have A Prenuptial Agreement
It is a common misconception that prenuptial agreements are only for the rich and famous. The truth is, a prenup can benefit couples in a number of situations, even for us common folk.
Read MoreWhat Do I Have To Do To Foreclose On A Deadbeat Borrower?
You are carrying the note on the sale of a property, and the borrower has missed several payments, has failed to provide proof of insurance, or has not paid the property taxes. If your efforts to get them to comply have been unsuccessful, it may be time to foreclose on the property.
Read MoreWhat Is A Muniment Of Title Probate, And When Is It Appropriate?
Texas law provides for a shortened, less complicated, less expensive form of probate in specific circumstances. This is called probate as a muniment of title. It is a simple process compared to a full, regular probate.
Read MoreWhen Can You Do A Small Estate Affidavit Procedure In Texas?
Has a loved one passed away without a Will? In some cases, you can avoid a lot of frustration by using a Small Estate Affidavit to legally transfer assets at very little expense to you.
Read MoreDo I Need A Trust? - When You Should & Shouldn't Set Up A Living Trust
I am frequently asked by prospective estate planning clients, "Do I need a trust?" The answer is the classic one: It depends. They are not a one-size-fits-all solution. Whether setting up a living trust is a good idea for you should be discussed with an estate planning attorney who has full knowledge of your assets, family circumstances, and desires.
Read MoreHow An Estate Is Administered In Texas When There Is No Will
Families frequently come to me needing to know how to figure out who gets what when a loved one dies without a will. Unfortunately, the answer is that they may be in for a lot of expense and time in a very complicated legal proceeding. A judge will need to determine who will receive portions of the estate, either using an Affidavit of Heirship or an Application for Determination of Heirship.
Read MoreWhat Is A Small Estate Affidavit Proceeding And What Does It Cost?
If your loved one died without a Will, a Small Estate Affidavit may allow you to skip a more complicated and expensive probate proceeding. There are specific legal requirements that must be met before a Small Estate Affidavit can be used, and it does still have a cost. Nevertheless, it is the easiest and least expensive court proceeding for transferring assets to heirs when there is no Will.
Read MoreWhat Happens If You Die and Own Out-Of-State Property?
Probate or administration is the legal procedure for settling and transferring a person's estate, including assets and debts. If a person owns property in a different state from that in which he or she died, an ancillary probate or administration in the other state might be necessary. If there was a Will, a probate will likely be proper, and if there was no Wll, a costly administration may be necessary.
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