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How Much Does It Cost To Set Up A Trust?

If you are considering setting up a trust, you are most likely wondering how much it will cost you. Unfortunately, the standard lawyer answer is “it depends.”

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What Do I Do If A Loved One Dies Without A Will? (Part Two)

This blog is part two of What Do I Do If A Loved One Dies Without A Will. Part One discussed an Application To Determine Heirship proceeding, the more formal court proceeding to determine heirs and order transfer of property. Sometimes, we determine after a review of the assets of the deceased loved one that a more informal, less expensive “Affidavit Of Heirship” would be sufficient. It is not always certain that third parties will accept the informal “Affidavit,” but because it is so much less expensive than the formal court proceeding, it may be worth trying this first.

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When is probating a will in Texas not necessary

Sometimes, 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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Advance 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.

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What Happens In Probate in Texas?

There are generally two types of probate in Texas where the decedent had a will. A full probate or a muniment of title are the two main options. A muniment of title probate is only available when there are no debts of the estate other than those secured by liens on real estate.

A full probate in Texas is complex and can be difficult to navigate without the legal counsel of an experienced probate attorney. There are many steps in the process, all of which are essential to legally settling an estate.

After the Will is located and it is determined who will serve as executor, the executor (or someone on his or her behalf) applies to the court in the county where the deceased had legal residence to probate the will.

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Is There More Than One Type Of Probate? [Probate Q&A Video Series]

Is there more than one type of probate? In Texas, there are two broad types of probate.

Learn more about the two types of probate in Texas by watching the video.

 

 

 

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To Trust or Not to Trust: Who Really Needs a Revocable Living Trust?

Especially for older folks, you may be bombarded with sales pitches for setting up or buying living trusts  by telemarketers, mail solicitations, “free” seminars, and advertisements.

This has been a favorite area for consumer fraud in recent years, resulting in huge sums of unnecessary expense for unsuspecting consumers. The revocable living trusts are usually touted as the way for you to avoid huge probate expenses, long delays in probate, or other scare tactics. 
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How Long Does The Probate Process Take? [Probate Q&A Video Series]

How long does the probate process take? Well, it depends on a number of factors.

Learn more about what affects the probate process by watching the video.

 

 

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How Soon Must A Will Be Probated After A Death? [Probate Q&A Video Series]

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 we encourage you to do it sooner rather than later.

Learn more about the probate process and how soon you should probate a will by watching the video.

 

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What Is Probate? [Probate Q&A Video Series]

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. 

Learn more about probate by watching the video.

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