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Texas law has recognized an estate planning trick that is extremely effective and low cost, called a deed with an enhanced retained life estate or “Lady Bird” deed. This tool can be used for all types of real estate interests.

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.

The thought of having to do a probate for a deceased loved one is often scary. Although the legal process can appear complicated to a layman, an experienced probate attorney can comfortably guide you through the process.

Tops 4 considerations: 1. Do you own the property outright? 2. Is carrying the note a smart investment? 3. Is it wise to take on the risk if the buyer can’t qualify for conventional third-party financing? 4. Are you willing to do the necessary legal work to protect yourself if the buyer defaults?

Entering into a legal contract to lease property can be overwhelming and confusing, and you may be uncertain what you are committing yourself to. Whether you are looking to sign a residential or commercial lease, having an attorney assist you can be helpful and will ease your concerns.

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.

I frequently get calls about setting up a guardianship for a person who cannot manage their own affairs. Unfortunately, the people calling have no idea the expense involved in setting up a guardianship. Guardianships are complicated and time consuming. To put it simply, guardianships are very expensive. There are many steps involved in establishing a guardianship and a great deal of court involvement.

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.

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

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.