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  • By: Farren Sheehan, Esq.
  • Published: November 11, 2017

A Will is an important legal document that designates who will receive property of a testator when he dies. A Will enables property to pass to others with minimal court involvement. Under Texas law there are certain legal requirements that must be met when executing the Will. One important requirement is that the testator freely made and signed his Will without being coerced or unduly influenced by another person. Undue influence is a ground for denial of probate of a Will, which may arise after the testator’s death when a person challenges a Will in a Will contest. In this article we will discuss what undue influence is under Texas law. With the help of a probate attorney such as Austin probate lawyer Farren Sheehan, a person can make sure their Will is properly drafted and executed. Advantages Of A Will A Will is a written, legal document that goes…Read More

  • By: Farren Sheehan, Esq.
  • Published: November 11, 2017

A Will is a valuable legal document that designates who will receive property of a testator when he dies. Under Texas law, an adult may draft a Will at any time, as long as he meets the legal requirements when executing the Will. One important requirement is that the testator was of sound mind (or had testamentary capacity) when signing his Will. This issue usually comes up after the testator’s death when a person challenges a Will in a Will contest. In this article we will discuss what is needed for testamentary capacity under Texas law. When obtaining the advice of a probate attorney such as Austin probate lawyer Farren Sheehan in drafting a Will, a probate lawyer can ask questions and make sure that testamentary capacity is in place at the time her client executes the Will. Advantages Of A Will A testator is a person who leaves a…Read More

  • By: Farren Sheehan, Esq.
  • Published: November 11, 2017

Counties in Texas have special courts set up to handle probate cases, where Wills are validated or property is passed upon a person’s death. Many of these courts have limited jurisdiction to hear certain types of cases. In this article we will discuss probate courts in Travis County, Texas. Austin probate lawyer Farren Sheehan can help answer questions and assist with probate proceedings in Travis County Probate Court. About The Travis County Probate Court The Travis County Probate Court is a statutory probate court headed by an elected judge. The current judge sitting in Travis County Probate Court #1 is the Honorable Guy Herman. The probate court is also served by Associate Judge Dan Prashner. The court is located at the Travis County Courthouse in downtown Austin, Texas. The probate court has a number of staff members assisting the judges, including a court coordinator, attorney law clerks and investigators, legal…Read More

  • By: Farren Sheehan, Esq.
  • Published: November 11, 2017

Many people make plans for what they wish to happen when they die. A key legal document in a good estate plan is a legally executed Will. A Will designates who will receive the property in the estate upon a loved one’s passing. There are many options available when drafting a Will. In this article we will give some tips on drafting Wills. It is always a good idea to hire a probate attorney such as Austin probate lawyer Farren Sheehan for help drafting a Will. What If The Person Did Not Have A Will If the person died in Texas without a Will, his property passes to his heirs under Texas law. This is known as intestate succession. Without a Will, the estate passes to the descendants according to Texas law even if the decedent said while he was alive that he preferred that his property be left in…Read More

  • By: Farren Sheehan, Esq.
  • Published: November 11, 2017

Many people assume that when a married person dies the surviving spouse gets everything. In Texas, that may not always be the case. If a married person dies without having made a Will, directing to whom their property passes, the person dies “intestate”. The Texas laws of intestacy determine who gets the deceased’s property, which may be different than how the property would pass if the person were alive to say so. In this article we will discuss Texas laws regarding intestacy for a married person. To make sure your property passes to those you want and avoid intestacy, it is wise to contact a probate attorney such as Austin probate lawyer Farren Sheehan for help drafting a Will. If The Person Did Not Have A Will If a person died in Texas without a Will, his property passes to his heirs under Texas law. This is known as intestate…Read More

  • By: Farren Sheehan, Esq.
  • Published: November 11, 2017

If you have been named as an Executor (or Executrix, if female) of an estate, it may seem on the one hand a great honor and on the other an overwhelming responsibility. It is your job as the individual named in a person’s Will to settle the decedent’s estate. The decedent placed a great deal of trust and confidence in you to handle his or her affairs after death with care and according to the instructions in the Will. Most individuals will need the guidance of a probate attorney to help them through this process. In this article we will generally discuss probate administration and the executor’s duties in managing the estate. A probate attorney such as Austin probate lawyer Farren Sheehan can help you with the steps you need to take to properly manage the estate assets as an executor. Probate Process In Texas As we have discussed in…Read More

  • By: Farren Sheehan, Esq.
  • Published: November 11, 2017

It happens all too frequently, a loved one has an accident, gets seriously ill, or is nearing the end of life and they and their families find it difficult to decide on whether to continue medical treatment and, if so, how much treatment is wanted and for how long. A useful legal document everyone should have is the Texas Medical Power of Attorney. In this article we will discuss what a Medical Power of Attorney can do in Texas and when and how it goes into effect to make health care decision-making easier. A probate attorney such as Austin probate lawyer Farren Sheehan can help with putting together a complete estate planning set of legal documents that includes a Will, Medical Power of Attorney and Statutory Durable Power of Attorney. The Importance Of A Medical Power Of Attorney Many factors can make medical decision-making complicated. Such factors include the patient’s…Read More

  • By: Farren Sheehan, Esq.
  • Published: November 11, 2017

Many people in Texas go to a Texas attorney and have their Wills drafted because they want to control who will get their property when the die. However, sometimes people do not have Wills. If a person dies without a Will directing to whom their property passes, the person dies “intestate” and the laws of intestacy determine who gets the deceased’s property. The first question is whether the person died while married or single, and the laws of distribution are different depending on the status of survivors to the decedent. In this article we will discuss Texas laws regarding intestacy for a married person. To avoid intestacy, it is wise to contact a probate attorney such as Austin probate lawyer Farren Sheehan for help drafting a Will. What If The Person Did Not Have A Will If the person died in Texas without a Will, his property passes to his…Read More

  • By: Farren Sheehan, Esq.
  • Published: November 11, 2017

In a previous article, we discussed future interests in real property, and more specifically, the type of future interest known as an executory interest. There are three basic types of future interests that can be created. There is another type of future interest created in a third party known as a remainder interest. This article gives a general overview of future interests in real property, and in particular, the type of future interest known as a remainder interest. If you have questions about Texas real estate or probate matters, contact Austin probate lawyer Farren Sheehan for a consultation. Types Of Future Interests A future interest in property does not entitle the owner to use or possess the property immediately, but will give the owner possession in the future. There are three types of future interests: Reversionary interests; Remainders; and Executory interests. A reversionary interest is a future interest kept by…Read More

  • By: Farren Sheehan, Esq.
  • Published: November 11, 2017

When a loved one passes away leaving a Will, family members face the legal task of probating the Will. They use the probate process in Texas to wind up the affairs and transfer title and ownership of the decedent’s property among the beneficiaries in the Will. If the decedent owned different types of real and personal property, some of it may pass through the probate estate and some of it may be non-probate property. Family members in Pflugerville or Cedar Park may wonder, what is a probate estate and how is it distributed in the probate process? In this article we will give a basic definition of the probate estate and compare non-probate and exempt assets. If you need help probating a Texas Will, contact Austin probate lawyer Farren Sheehan for a consultation. Different Types Of Property The decedent can only pass through his Will and estate property that he…Read More

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