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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 MoreThe Difference Between Statutory Transfer On Death Deed & Lady Bird Deed
Two terms are used in the state of Texas to describe a deed that automatically transfers title to real estate you own on your death a transfer on death deed and a Lady Bird Deed (LBD). The distinction between these two deeds is subtle, but very important.
Read MoreAdvance Planning Tools To Help Avoid Probate
Sometimes, even when a person has drawn up a Will, probate of the Will may not be necessary. Advance planning with probate-alternative documents can avoid the need for probate in many cases.
Read MoreDo I Need A Trust?
I frequently am asked by prospective estate planning clients, "Do I need a trust?" The answer is the classic one: It depends.
Read MoreDo I Have To Probate If There Was A Will?
I have addressed in another blog several steps that can be taken as part of the estate planning process that help avoid the need for probate. If those steps were not taken, a full probate still may not be needed.
Read MoreThe Average Cost Of A Determination Of Heirship Proceeding In Texas
A small estate affidavit will not always work, however. In some situations, you may need a determination of heirship. 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.
Read MoreWhen Is A Living Trust A Waste Of Money
One of my biggest pet peeves over the years has been the over-selling of living trust packages to folks doing their estate planning. There are definitely times when a living trust is a good estate planning tool. However, for many individuals a living trust is an unnecessary expense.
Read MoreWhat Is A Small Estate Affidavit Proceeding And What Does It Cost?
In this series of blogs, I am outlining various different types of probates or probate alternatives to settle an estate and their likely costs. As I mentioned in the introduction to this series, the cost is predominantly determined by the type of procedure followed.
Read MoreProbate As A Muniment Of Title: What Is It & What Does It Cost?
There are several different types of probate where a loved one dies having a Will. The complexity of the proceeding and the cost varies widely depending on which type of probate you can or must use to pass your loved one's estate. The simplest and least expensive type of probate is known as a "muniment of title" proceeding.
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 called probate as a muniment of title. This funny-sounding procedure really means that your loved ones will is officially recognized as valid by the probate court and placed of public record as notice to third parties to honor the terms of the will for transfer of property. This is a very simple process compared to a full, regular probate.
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