In this article, you can discover… How to legally plan for the possible repeal of same-sex marriage in Texas. The forms and documents you’ll need to protect your estate plans. How to navigate power of attorney matters in light of a possible repeal. What Risks Are Associated With Failing To Plan For The Potential Repeal Of Same-Sex Marriage In Texas? One of the largest risks of failing to create an estate plan is losing the rights associated with your spousal relationship. In other words, your spouse is entitled to certain inheritance rights as long as your marriage is recognized. However, these rights would be wiped out if the marriage were legally voided. What Forms Or Documents Could Be Helpful For Same-Sex Couples Looking To Protect Their Estate Plans? Just as important as having an estate plan is setting up specific disability documents that can allow a spouse to transact business…Read More
Selling a house is tough enough, emotionally and practically, without worrying about the buyer’s perspective. Nevertheless, Texas law requires you to do so by providing a seller’s disclosure before the sale. This article explains what the seller’s disclosure is, and how it works, including: What must be disclosed when selling property in Texas, and what happens when you do not. The exceptions to seller disclosure obligations. An example of the kind of disputes that can arise over a failure to disclose something. What Is A Seller's Disclosure? Texas law requires that when you sell a home or a residential property, you provide a seller's disclosure. While it does not have to follow a standard format, we can provide a notice form that has everything that is legally required, which can make it easier to do so correctly. The disclosure gives potential buyers a snapshot of the current condition of the…Read More
In this article, you can discover… How the repeal of same-sex marriage could impact your estate planning. The differences a repeal could make in estate taxation. How an attorney can help you navigate a repeal and secure your estate. How Could Existing Estate Plans Be Affected By The Repeal Of Same-Sex Marriage? President Biden passed the Respect for Marriage Act in December 2022, mandating all states to recognize and treat same-sex marriages the same way they would with any other marriage. This ruling can only be changed if it is overturned in court, and there are currently no cases against the court. With that said, many of the things that have been said during the election cycle have caused quite a bit of concern in the LGBT community about the fate of their relationships. While these concerns are valid and warranted, the best defense is to be properly prepared for…Read More
Estate planning often gets misrepresented in movies and media, seen as the domain of ultra-rich or old-money families. But the truth is much more complex and nuanced. Nearly every family can benefit from at least some form of estate planning. And this is only the first of several incorrect assumptions and myths that need to be corrected, as this article shall explain, including. Why you need to do at least some estate planning even if you are still in your 20s or 30s. Why you still need a will and other estate planning documents even if you are married with kids. One surprising common Texas myth about estate planning and probate. Myth #1 - Estate Planning Is Only For The Wealthy False. Anyone who has assets needs to plan. In my time as an estate planning and probate attorney in Texas, I have seen bigger fights over $10,000 estates than…Read More
As any pet owner can tell you, few companions are as loyal or as beloved as our four-legged or feathered friends. But loyalty should go both ways, too, and caring for our pets after we pass is just as important as doing so while we are alive. This article explains how to include your pet in your estate plan in Texas, including Why it is important to include your pet in your estate plan. What a pet trust is, and how it works to protect your pets after you pass. Some challenges for pet owners and options for leaving assets for their care. Why Is It Important To Include Pets In Your Estate Plan? Under the law, pets are simple property, just like your books, your computers or your cars. As a result, without your intervention, they simply pass with your estate. Unfortunately, that does not mean that they will…Read More
In this article, you can discover… The function of probate letters in estate planning. The difference between probate letters and letters of administration. Whether probate letters can be contested. What Are Probate Letters? A probate letter, also known as a “letter of testamentary,” is sent out when a person’s will has been admitted to probate, and someone has been named within that will to execute the probate process. The letter certifies from a court that the person named as executor has the legal authority to handle the estate of the person who has passed away. In some cases, this person is a beneficiary themselves, such as a child of the person who has passed away. As executor, they legally act on behalf of the decedent, executing their will and distributing assets according to that person’s wishes. What Is The Difference Between Probate Letters And Letters Of Administration? Both letters of…Read More
In this article, you can discover… What trust administration entails. The financial records that a trustee must keep. How an estate planning attorney can help guide families and trustees. What Is Trust Administration? A trust is an agreement to hold assets for another person’s benefit. Trusts operate based on distribution standards, meaning that there are guidelines that stipulate when money can and can not be paid out to the beneficiary. The trust administrator is someone appointed by the creator of the trust to manage funds, invest the trust’s money wisely, and ensure the standards of the trust are adhered to. Finally, the trust administrator distributes the trust’s assets in compliance with the trust’s parameters once the trust is terminated. What Are The Fiduciary Duties Of A Trustee? Fiduciary duty means that the trust administrator (or trustee) is legally obligated to put the interests of the beneficiary above their own. When…Read More
In this article, you can discover… The essential elements of a loan agreement. The borrower’s responsibilities under a loan agreement, How an attorney can help you draft and review a secure loan agreement. What Is A Loan Agreement? A loan agreement (also called a promissory note) lays out the terms of the loan to be used in a real estate transaction. The loan agreement establishes who the buyer is, who the seller is, who the lender is, and how much is being loaned. It will also include interest rates, expected monthly payments, and any taxes or insurance to be paid. Loan agreements also lay out how the lender (usually a bank) is going to be paid, the penalties for late payments, and the date by which the loan must be paid back. It’s important to make sure to have an attorney look over any loan agreements before you sign them…Read More
In this article, you can discover… The function and importance of a deed. How different deeds affect property ownership. How an attorney can help you determine which type of deed is best for you. What Is A Deed And Why Is One Important To Have? A deed is a document that describes a property and declares the deed’s owner to be the lawful owner of that property. Under Texas law, any transaction or conveyance of real estate must be done in writing. The best practice in light of these laws is to have a formal, written deed drafted so that property can be conveyed from one person to another. It is also important to understand that in Texas, a valid deed must be drafted by an attorney. Simply writing up a deed on your own and having it notarized does not make the document legally binding. To ensure any transfers…Read More
Drafting a valid deed or conveyance of land in Texas, in its most basic form, is subject to a number of statutory and common-law requirements. Many of these date back hundreds of years to their basis in England during the Dark Ages. These broadly relate to the following: These are only the basics of a rudimentary deed in Texas. They do not address more complex arrangements or potential liabilities. However, they should provide some insight into the law governing transfers of land. Austin real estate attorney Farren Sheehan has experience with a variety of land transfers. Furthermore, she offers a case evaluation for deeds and other real estate matters. The Form of the Deed In Texas, a deed must be in writing and signed by the person transferring the land. We call this the “grantor.” The person the grantor transfers the land to is the “grantee.” You do not have…Read More
