Blog


Oct

15

2020

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What Is The Simplest Probate In Texas When There Is No Will?

Posted by: Adair M. Buckner

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.

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Sep

10

2020

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The Difference Between Statutory Transfer On Death Deed & Lady Bird Deed

Posted by: Adair M. Buckner

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.

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Sep

3

2020

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Advance Planning Tools To Help Avoid Probate

Posted by: Adair M. Buckner

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.

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Aug

20

2020

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Do I Need A Trust?

Posted by: Adair M. Buckner

I frequently am asked by prospective estate planning clients, "Do I need a trust?" The answer is the classic one: It depends.

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Jul

23

2020

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Do I Have To Probate If There Was A Will?

Posted by: Adair M. Buckner

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.

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Jul

2

2020

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The Average Cost Of A Determination Of Heirship Proceeding In Texas

Posted by: Adair M. Buckner

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.

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Jun

25

2020

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When Is A Living Trust A Waste Of Money

Posted by: Adair M. Buckner

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.

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Jun

11

2020

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What Is A Small Estate Affidavit Proceeding And What Does It Cost?

Posted by: Adair M. Buckner

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.

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Jun

4

2020

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Probate As A Muniment Of Title: What Is It & What Does It Cost?

Posted by: Adair M. Buckner

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.

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Apr

9

2020

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What Is A Muniment Of Title Probate, And When Is It Appropriate?

Posted by: Adair M. Buckner

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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