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Do I Have To Probate If There Was A Will?

Many times, clients with a loved one who has passed and had prepared a will assume that there must be a probate of the will. Sometimes, however, if your loved one has no assets that are not already disposed of by beneficiary designation or payable on death provisions, there is no need to probate a will. This frequently happens if they had already sold their home and were residing in a nursing home, and the only assets they still owned were liquid assets.

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What Is The Cost Of A Simple Estate Planning Package

People frequently delay drawing up a will or other pieces of an estate plan because of concern for the cost. However, the cost of preparing a simple estate plan package is very reasonable. Compared to the expense to handle your estate without a will or other estate planning documents, it is a bargain.

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When 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.                                                  

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Don't Wait Until The Holidays To Do Your Estate Planning (That Might Be Too Late)

The time of year is coming up for holiday travel and family gatherings. Holiday travel frequently causes clients to make a desperate last minute call to my office to make estate plans. If the call comes very close to the holiday travel date, it may not be possible to get the documents drafted in time. Attorneys like to take time off to enjoy the holidays too.    
                                            

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Slick Trick In Texas To Transfer Real Estate Without Probate

For many people, their residence and other real estate comprises the biggest part of an estate that requires probate to pass title. Texas law has recognized an estate planning trick that is extremely effective and low cost, called a deed with a retained life estate or “Lady Bird” deed. This tool can be used for all types of real estate interests. If you have drawn up this deed to real property prior to your death, you might be able to probate entirely, if the rest of your assets have been designated with beneficiary or payable on death arrangements.

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Part 6: The Cost Of Probate Alternatives

In this series of blogs, I am outlining various 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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Part 5: The Cost Of A Full Dependent Administration

In this series of blogs, I have outlined various different types of probates and probate alternatives to help you settle an estate and understand the potential costs. As I mentioned in the introduction to this series, the cost is predominantly determined by the type of procedure followed. 

  • In Part One, I discussed probate as a muniment of title, which is usually one of the least expensive procedures. 
  • In Part Two, I discussed the cost of an independent administration of the estate. Both of those procedures require the decedent to have had a will. 
  • In Part Three, I discussed how if there is no will, the least expensive way to settle the estate through a court proceeding is a small estate affidavit. 
  • In Part Four, I discussed the high cost of a proceeding to determine heirship and for administration of the estate.

Today, I’ll walk you through dependent administration, a type of proceeding that can potentially be more expensive.


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Part 4: The Cost Of A Determination Of Heirship Proceeding

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. 

In Part One, I discussed probate as a muniment of title, which is usually one of the least expensive procedures. In Part Two, I discussed the cost of an independent administration of the estate. Both of those procedures require the decedent to have had a will. In Part Three I discussed how if there is no will, the least expensive way to settle the estate through a court proceeding is a small estate affidavit.

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Part 3: The Cost Of A Small Estate Affidavit

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. 

In Part One, I discussed probate as a muniment of title, which usually is one of the least expensive procedures. In Part Two, I discussed the cost of an independent administration of the estate. Both of those procedures require the decedent to have had a will. If there is no will, the least expensive way to settle the estate through a court proceeding is a small estate affidavit.  

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Why You Should Have A Statutory Durable Power Of Attorney

Purpose Of A Power Of Attorney 

An important component of an estate plan is a statutory durable power of attorney, otherwise called a general power of attorney. This power of attorney allows you to name an agent or agents to carry on business type activities on your behalf if for any reason you are not able to do so yourself. 

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