In this article, you will discover: The definition of a common law marriage under Texas law. How an attorney can help when a common law spouse’s rights are challenged. The statute of limitations for a common law spouse to claim their rights under Texas law. What Qualifies As A Valid Common Law Marriage Under Texas Law? Common law marriage is an informal marriage. The law recognizes common-law marriage as a relationship in which people cohabit and hold themselves out as husband and wife. This arrangement becomes an issue when one partner dies, and the other partner doesn't want to move out of the house. Suddenly, they'll decide they were married. If you're going to live with someone and don’t want to get married, make an agreement acknowledging you are not married and have no plans to get married. Conversely, if you're saying you're married, in the absence of a formal…Read More
In this article, you will discover: What a partition action is under Texas law, and when it's necessary. Your legal options in Texas when you want to sell inherited property, but other heirs don’t. How a probate attorney can help settle partition disputes. What Is A Texas Partition Action In Probate Law, And When Is It Required? Partition actually exists in real estate law. It is a right for co-tenants who own property together. Each has an undivided percentage of that property and, at the same time, they all own it together. That means if you and someone else both own five acres together, you don't each own two and a half acres. Each of you has an undivided interest in the entire five acres. Suppose you and someone else buy a house together, but ultimately aren't together or no longer want to own property together. Each of you has…Read More
In this article, you will discover: What an estate inventory is and to what degree it’s required in Texas probate. Who is responsible for filing an estate inventory. Which assets must be listed in a Texas estate inventory. What Is An Estate Inventory And Why Is It Required In Texas Probate? An inventory is a listing prepared for the beneficiaries and creditors of what's in the estate. It's one of the required steps in probate. Probate is when you gather the estate’s assets, pay any final bills, and distribute everything. In Texas, you're no longer required to file the inventory with the court. You can instead file what's called an Affidavit in Lieu of Inventory, which keeps the inventory private. However, you're still required to give a copy of that inventory to all beneficiaries, and you must sign an oath that you've done that if you choose the Affidavit in…Read More
In this article, you will discover: The consequences of failing to file a will in Texas probate properly. The time commitment necessary to be an executor in Texas probate. The legal consequences of failing to notify creditors during probate. How Can Failing To Properly File A Will Delay The Probate Process? You have four years from the date of death to open a probate. After that, if you haven’t done so, because you didn't think you needed to or you didn't want to, you must prove to the court you're not at fault. Otherwise, the will doesn't come into probate. This situation is common among spouses. Texas is a community property state. As a result, many people assume that, because they're the spouse, they get everything. They don’t see the point of going through probate. However, in many cases, you're required to file. Especially in a second marriage, without a…Read More
Legal and financial decisions become more complex as people age, and the consequences of poor planning can be immense. Long-term care, asset protection, estate planning, and family dynamic considerations can intersect in ways that are difficult to resolve without professional oversight. In these situations, a trusted elder care attorney can make all the difference. Sheehan Law PLLC has been serving Pflugerville, TX with comprehensive elder care services for years. We dedicate ourselves to helping older adults and their families plan proactively, protect what they’ve built, and avoid unnecessary legal or financial obstacles that may arise later in their lives. What Is Elder Law? Elder law focuses on the unique needs of seniors who are typically over the age of 50. Unlike general estate planning, elder law goes beyond drafting wills and trusts. Elder care lawyers play a major role in helping clients plan for aging-related issues, such as: Long-term care…Read More
Buying a new property can be one of the most exciting events of one’s adult life. You’re ready to move forward and take on ownership of a new home, ranch, or wooded plot. But what about the legal aspects of transferring real estate? How can you be sure that crucial documents, such as deeds, are handled correctly? Real estate legal documents can be incredibly complex, and the responsibilities that come with owning property are considerable. Since 1997, deed law attorney Farren Sheehan has helped Pflugerville, Texas families just like yours avoid critical (yet common) mistakes as they execute general property deeds. What are these frequent mistakes, and how can an experienced property deed lawyer help you prevent them? Mistake # 1 : Omitting Key Names Or Ownership Information Details always matter, and nowhere is this more true than in legal documents. Because a deed is used to transfer property between…Read More
In this article, you can discover… How to pick the best life insurance policies as a same-sex couple. The best ways to protect insurance benefits for your same-sex partner in Texas. How an attorney can help you through the emotional aspects of estate planning with care. What Life Insurance Policies Are Best For Same-Sex Couples? Life insurance is a non-probate asset, so it will pass based on who is listed as the beneficiary. The best move is to ensure that your spouse is listed by their name and contact your insurance company to confirm that your spouse will remain the beneficiary even if the marriage is involuntarily voided due to changes in Texas law. How Do I Ensure That My Life Insurance Is Recognized Legally For My Partner’s Benefit In Texas? The best way to ensure that your life insurance will benefit your partner is to specifically identify them as…Read More
In this article, you can discover… The importance of choosing the right executor for same-sex couples and their estates. How to make it more difficult for family members to contest your will. How to choose an executor who is responsible and capable of handling tension. Why Is It Important To Choose The Right Executor For My Will? Choosing your executor means that you are trusting them to carry out your wishes when you pass. An executor is legally required to put the interests of any beneficiaries before their own, but this is not always the case. To be sure your wishes are respected, it is important to select an executor who you trust to both understand your intentions and carry them out on your behalf. What Qualities Should I Look For When Selecting An Executor? Most people select family members to serve as executors, which is wonderful if your family…Read More
Probate procedures fall into that uniquely painful category of both emotionally heavy and bureaucratically dense processes. You should not have to go through them alone, but you might be having some trouble picking the right attorney to help you through it. This article will help you make an informed decision by explaining When you need to bring an attorney (and when you might want to bring one even when you don’t). Which questions and information your attorney should ask. The risks of going through probate without a lawyer in Texas. What Is Our Experience Handling Probate Cases In Travis County? For context, I have been specializing in probate since 2004. I have done countless probate administrations and conflict litigations. We have done everything from simple will probates to complicated airship situations. What Do I Need To Bring To The Initial Consultation With An Attorney? The most important thing to bring…Read More
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
