or many people thinking about probating a will, the costs are a big concern. Some may consider independent administration as an alternative. Texas law allows a streamlined process of probating Wills called independent administration. However, the decedents will must be valid to provide for independent administration. This process will allow executors and administrators to perform their duties largely independent of court supervision, thereby reducing the cost. However, not every will can undergo independent administration. The following blog will discuss the costs involved in probating a Will in Texas. It will also discuss how an Austin probate lawyer, such as Farren Sheehan, can help you during this process. If you have any questions, our law firm can assist with probate proceedings in the Austin, Round Rock, Pflugerville and Cedar Park areas. What Costs Are Involved In Texas Probate? The primary types of costs involved in probating a Will are: Court costs…Read More
Marriage makes life easier in many ways. If one partner in a marriage becomes incapacitated, then the other spouse can make important healthcare and financial decisions for that person. If one spouse passes away, then any community property passes to the remaining spouse. Unmarried couples often do not have many of these rights. As a result, estate planning for unmarried couples is much different from estate planning for married partners. Note that Texas law does recognize common law marriage. If your relationship meets the standards of a common law marriage, then your estate planning needs to account for that. Include Each Other In Your Wills A will is one of the first and strongest estate planning documents you can have. It will allow you to leave assets and property to your spouse. It will also help you plan out which of your beneficiaries will receive certain portions of your estate.…Read More
The process of probate involves the compensation of any final expenses and the transferring of property and estate assets to beneficiaries after a person dies. Probate is a legal process, but it does not mean that a probate judge has to be there along every step of the probate process, nor does it mean that you have to appear in probate court. Each state has its own set of probate laws, but most states allow a tsteype of informal probate that has its own unique benefits. What Is Informal Probate? An informal probate, which is also called an informal family settlement in Texas, is a common substitute that people use if an estate is small and has mostly personal property. Informal probate is best used when the person who died left only personal belongings such as clothes, and other personal household items. Texas courts enforce family settlement agreements even if…Read More
Drafting a last will and testament is one of the most important things you can do in the probate process. Without one, Texas intestacy laws will govern the management and distribution of your estate. This could delay and reduce the inheritance your family receives once you have passed. It could also lead to in-fighting over your estate. These are just some of the reasons why you should take the time to write your will. However, if you do not take the time to ensure your will meets the requirements of Texas law, your family could still face many legal challenges. At Sheehan Law, PLLC, we have helped families across central Texas with their probate and estate planning needs. We understand what it takes to create a strong will that will hold up under the scrutiny of the law. Here are some of the Texas will requirements you will need to…Read More
Last month, we discussed the different ways Texas probates estates. We outlined the four methods our state uses to distribute assets to the beneficiaries of an estate. This month, we are examining the details of how to probate a will in Texas. There are 8 steps in the process of distributing estate assets to the beneficiaries of a will. Here is what you need to know about these steps. What Are The 8 Steps To Probating A Will In Texas? Filing the Will – Whether there is a will or not, you must file an application for probate. This application must be filed with the correct Texas probate court in the county where the decedent resided. Posting Notice – After filing for probate, a two-week waiting period will start. During this waiting period, the county clerk will post notice at the courthouse that a probate application was filed. This serves…Read More
There are many ways to distribute your assets after you pass. Some people use a trust, others use joint ownership or rely on direct payments from insurance or retirement policies. However, the most commonly used method of passing on property to beneficiaries is drafting a will. But before your beneficiaries can receive their inheritance, your will must first go through the probate process. But do you know what processes courts use to probate a will in Texas? At Sheehan Law, PLLC, we know what it takes to get your family through the probate process. We understand the many steps it takes and how difficult it can be. Going through probate after losing a loved one is very challenging. We want to help reduce this stress by keeping you informed. So, our Austin probate attorney has gathered information to help. What Are the Different Ways To Probate A Will In Texas?…Read More
Making the decision to remove a family member from your will is tough. Yet, life is messy, and this sort of thing happens. If you feel the need to disinherit a family member, then the chances are that your reasons for doing so are warranted. However, making changes to an estate planning document, such as a will, should not occur without attorney supervision. Even the simplest of mistakes could render your revisions ineffectual. Below is an overview of how to remove a beneficiary from a will. Nevertheless, we encourage you to contact an Austin estate planning attorney for help with these matters. Beneficiary Designations And Disinheritances To totally disinherit a family member, a simple solution is to remove this person from your estate planning documents. For example, the majority of your assets will be transferred to your beneficiaries after you pass away. If your goal is to remove someone as…Read More
When a loved one passes away family members are often left with handling the person’s property and passing it on to others. The loved one may have left a Will, designating heirs to his property, which needs to be probated. Family members in Round Rock or Cedar Park may wonder, what is probate and how does the probate process work? It is important that you know what the probate process is under Texas law for probating the Will so you do not miss any important requirements in handling the estate. In this article we will give a basic definition and overview of the process for probating a Will in Texas. If you have questions about Wills or need help probating a Texas Will, contact Austin probate lawyer Farren Sheehan for a consultation. Definition Of Probate In Texas The legal definition of probate is: The court procedure by which a Will…Read More
Marriage makes life easier in many ways. If one partner in a marriage becomes incapacitated, then the other spouse can make important healthcare and financial decisions for that person. If one spouse passes away, then any community property passes to the remaining spouse. Unmarried couples often do not have many of these rights. As a result, estate planning for unmarried couples is considerably different from estate planning for married partners. Note that Texas law does recognize common law marriage. If your relationship meets the standards of a common law marriage, then your estate planning needs to account for that. Protecting Your Real Estate There are several ways to pass real estate to an unmarried partner and help him or her avoid probate. One way is to consider naming your partner as a joint tenant. Joint tenancy ownership means that both parties own a piece of the property. When one partner…Read More
There are a variety of types of courts in Texas that have jurisdiction over different kinds of cases. In this article we will generally discuss the Texas court system and explain how probate courts fit within that structure. Austin probate lawyer Farren Sheehan is experienced in court settings and can assist with probate and other court proceedings in all courts in Austin, Round Rock, Pflugerville and Cedar Park. The Texas Court System The basic structure of the Texas court system was established by the Texas Constitution. In Texas, the highest state appellate court for civil matters is the Texas Supreme Court, and the Court of Criminal Appeals makes the final decisions in criminal matters. Below these highest courts there are 14 courts of appeals that exercise intermediate appellate jurisdiction in both civil and criminal cases. State trial courts of general jurisdiction are known as district courts. Each district court serves…Read More
