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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. The distinction between these two deeds is subtle, but very important. A transfer on death deed requires all beneficiaries to agree to changes made to your estate, even while you're still alive. A Lady Bird Deed gives you the freedom to make changes without the beneficiaries consent. However, it must be drawn up in a specific way to be considered valid in the state of Texas.

The thought of having to do a probate for a deceased loved one is often scary. Although the legal process can appear complicated, an experienced probate attorney can comfortably guide you through the process. There are 6 steps you will need to follow, including filing the Will, attending a hearing, sending a notice to creditors, and distributing your loved one's Assets according to the terms of the Will.

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 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.

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.

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.

If your loved one died with a Will, there are several different types of probate available in Texas. 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.

Are you considering selling a property and carrying the note yourself? Before you do, you will want to consider if you own the property, if carrying the note is a smart investment, if it is wise to take on the risk if the buyer can’t qualify for conventional third-party financing, and if you are willing to do the necessary legal work to protect yourself if the buyer defaults.

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.

When a loved one passes away, the answer to the question, "Do I have to probate their Will?" is often, "It depends." Texas has several shortcuts or alternatives to full probate that you may be able to utilize to avoid a costly and lengthy probate procedure. These include Probate as a muniment of title and an Affidavit of Heirship.