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
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
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
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
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
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
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
When a loved one passes away, the family members have what sometimes seems like an overwhelming task of winding up the affairs and trying to move forward. Many times probating the deceased’s Will is part of that process. In this article we will discuss generally how to probate a Will in Texas. If you have questions about how to probate a Will in the Austin and Pflugerville areas, contact Austin probate lawyer Farren Sheehan for a consultation. Probate Process In Texas As we have discussed in other articles, probate is essentially proving a Will in order to wind up the business affairs of a person who has passed away and distribute the estate. The probate process is handled in court. Usually family members hire a probate attorney to help them through the court process. The probate will generally occur in the county where the decedent lived. For example, if the…Read More
When leaving property in a Will, sometimes a person wants to give his property to a beneficiary at a later time, like after an event occurs. Executory interests are a type of future interest in property. 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 basic types of future interests that can be created. In this article, we will give a general overview of future interests in real property, and in particular, one type of future interest known as an executory interest. Many times these future interests can be confusing, so if you have questions about Texas probate matters, contact Austin probate attorney Farren Sheehan for a consultation. Future Interests A future interest is a present interest in a protected future right, but is not an expectancy. There are three…Read More
