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In some situations where a loved one passes away without a Will, you may need a determination of heirship in order to pass on their estate. If you find yourself in this situation, make sure you have an experienced attorney to guide you through the steps involved. Otherwise, it is easy to feel overwhelmed by the process.

There are many reasons people put off creating a Will. However, this decision can cost your family a lot of money and heartache in the long run. It can also lead to your estate being distributed in ways that you would not want. Drawing up a Will provides a number of benefits, from allowing you to choose exactly how your estate will be distributed to providing for stepchildren or restricting the rights of the surviving spouse to change a joint plan for the distribution of assets.

Lien foreclosure gives you a process to recover some or all of the money still owed you. Unfortunately, you are going to have to deal with very complicated, tricky legal foreclosure steps to get there. When you are faced with foreclosing on your lien, you will need to get an attorney, follow their advice closely, be patient, and be prepared to resell the property if needed.

Prenups may be beneficial to a couple marrying, whether or not they are rich and famous. They are not just a contingency plan for a possible divorce. In fact, prenups can be an important tool for your estate plan, particularly if you have children from a previous relationship or more property going into the marriage.

When a loved one dies without a Will in Texas, you have three options: 1) if statutory requirements are met, a Small Estate Affidavit probate, 2) a formal court Determination of Heirship and estate administration, or 3) an informal Affidavit of Heirship document. These are the steps involved in these proceedings, as well as best practices to follow.

If you have ever gone through a hospital admissions process, you've likely been asked if you have a living will (also known as a directive to physicians) and a medical power of attorney. Here are the main benefits of both—and why they're worth the investment.

A widely-held belief about probate is that it is long and expensive. That is often not the case. How long it will take and how much it will cost depend on a number of factors. In most cases, it is not a lengthy or horribly expensive process.

How soon must a Will be probated after death? In Texas, generally a Will must be filed within four years after the date of the death, but I encourage you to do it sooner rather than later. Neglecting to probate the Will can leave you in a more painful situation in the long run.

Are you considering selling a property and carrying the note yourself? Before you do, you will want to consider if you own the property, if carrying the note is a smart investment, if it is wise to take on the risk if the buyer can’t qualify for conventional third-party financing, and if you are willing to do the necessary legal work to protect yourself if the buyer defaults.

What is probate? Probate, while usually referred to as any legal action to handle an estate, is actually the administration of a Will upon the death of an individual.