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A temporary guardianship gives the guardian the immediate legal right to make choices about things like health care, education, finances, and living arrangements of the Ward–but only as long as is needed for the protection of the Ward. For this process, you will need to provide substantial evidence proving that 1) the proposed Ward is incapacitated, and 2) the Ward needs a guardian immediately to care for their person, estate, or both.

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 some situations where a loved one passes away without a Will, you may need a determination of heirship in order to pass on their estate. 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.

Have you selected successor beneficiaries on your life insurance, retirement accounts, investments, and bank accounts? Now is a good time to double-check.

There are many reasons people put off creating a Will. However, this decision can cost your family a lot of money and heartache in the long run. It can also lead to your estate being distributed in ways that you would not want. Drawing up a Will provides a number of benefits, from allowing you to choose exactly how your estate will be distributed to providing for stepchildren or restricting the rights of the surviving spouse to change a joint plan for the distribution of assets.

Lien foreclosure gives you a process to recover some or all of the money still owed you. Unfortunately, you are going to have to deal with very complicated, tricky legal foreclosure steps to get there. When you are faced with foreclosing on your lien, you will need to get an attorney, follow their advice closely, be patient, and be prepared to resell the property if needed.

Here are three simple tools that help you pass on assets at death without the necessity of probate, saving all parties money, time, and stress.

Prenups may be beneficial to a couple marrying, whether or not they are rich and famous. They are not just a contingency plan for a possible divorce. In fact, prenups can be an important tool for your estate plan, particularly if you have children from a previous relationship or more property going into the marriage.

Preparing a Will is a smart, compassionate, financially wise, and easy thing to do. So, stop making excuses, and do it! Anyone who has been through settling an estate for a loved one who failed to make a Will can attest to how much they would have preferred the alternative.

When a loved one dies without a Will in Texas, you have three options: 1) if statutory requirements are met, a Small Estate Affidavit probate, 2) a formal court Determination of Heirship and estate administration, or 3) an informal Affidavit of Heirship document. These are the steps involved in these proceedings, as well as best practices to follow.