Houston Estate Planning and Elder Law Attorney Blog

Using Revocable Trusts to Avoid Ancillary Probate for Dallas Investors With Multi-State Rentals

Published on: October 31, 2025 | By Thomas W. McCulloch

Using Revocable Trusts to Avoid Ancillary Probate for Dallas Investors With Multi-State Rentals

Dallas investors often own rentals in Oklahoma, Arkansas, Colorado, or beyond. When you pass, each state wants its own probate for local real estate—a slow, expensive loop called ancillary probate. A revocable trust can bypass that loop entirely. With the right deed work and a clear management plan, your trustee takes over in a day, not months.

Move Title Now, Not Later

A trust only helps if it holds title before you die. Prepare and record deeds transferring each property—using the exact legal description—into your revocable trust. Keep lender notices on file; most due-on-sale clauses do not trigger for transfers to a living trust, but follow your mortgage terms. Update insurance policies and property-tax accounts to reflect the trust as owner so bills and claims route correctly.

Estate Planning for High-Rise Condominium Owners in Uptown and Victory Park

Published on: October 24, 2025 | By Thomas W. McCulloch

Estate Planning for High-Rise Condominium Owners in Uptown and Victory Park

High-rise living brings amenities, views, and rules. If you own a condo in Uptown or Victory Park, your estate plan must fit building policies, HOA bylaws, and lender expectations. A little preparation prevents probate delays, HOA fines, and unhappy neighbors—while preserving value when it is time to sell or transfer.

Gather The Building Paperwork First

Collect the declaration, bylaws, rules and regulations, resale certificates, and any current special-assessment notices. Save parking and storage licenses, move-in/move-out procedures, and elevator reservation rules. Place insurance declarations and flood coverage (if applicable) in the same folder. Your executor or trustee needs these documents to prove authority and follow building protocols from day one.

Choose A Transfer Structure That Works In Practice

A revocable living trust lets your successor trustee manage the condo immediately—pay assessments, approve tenants, and coordinate moves—without waiting for court orders. If you rely on a will, be sure it requests independent administration and waives bond, which speeds Dallas County probate. Confirm that your lender allows transfers to a trust; most do, but paperwork matters in a high-rise with strict management.

Handling Gun Trusts And Firearm Transfers in a Houston Estate

Published on: October 21, 2025 | By David W. Miller

Handling Gun Trusts And Firearm Transfers in a Houston Estate

Firearms add special rules to estate planning and probate. Whether you own hunting rifles, family heirlooms, or regulated items like suppressors, you need a plan that respects federal and Texas law while keeping your family safe. With the right documents, transfers happen smoothly, no one breaks the law by mistake, and cherished items land with the people you choose.

Understand What You Own

Inventory each firearm with make, model, caliber, and serial number. Note accessories such as suppressors or short-barreled rifles that may be regulated under the National Firearms Act (NFA). Keep purchase records, ATF forms, and photos in a dedicated folder. This one list guides your executor and helps law enforcement confirm lawful possession during transitions.

Consider A Gun Trust For Flexibility

A properly drafted gun trust holds firearms during your life and after your death. Trustees and approved beneficiaries may lawfully possess and use the items named in the trust, subject to federal and state law. For NFA items, the trust streamlines who can handle and store them, avoids accidental felonies, and preserves privacy by limiting what ends up in the public probate file. A trust also creates continuity if you become incapacitated; the successor trustee can secure and maintain the collection immediately.

Coordinating Probate With Ongoing Small Business Operations in Harris County

Published on: October 14, 2025 | By David W. Miller

When a Harris County business owner dies, the company cannot hit pause. Payroll, vendor orders, customer deadlines, and tax filings keep moving. If you are the executor or a family member stepping in, you need a practical plan that keeps the doors open while you work through probate. With the right steps, you protect value, avoid breaches of contract, and prevent a fire sale.

Stabilize Operations During The First Two Weeks

You should identify who has day-to-day authority right now. Confirm signers on bank accounts, point-of-sale access, payroll permissions, and vendor portals. If the company uses an operating agreement or bylaws, read the succession clauses that name an interim manager. Change two-factor authentication to a phone you control, then document the change. Call the top five customers and the top five vendors with a short, confident message about continuity. Calm voices at the start keep credit lines open and purchase orders flowing.

Secure Legal Authority Without Delays

In Texas, “independent administration” lets an executor act without repeated court approval. If the will requests independence, file in Harris County probate court immediately and obtain letters testamentary. For a living-trust plan, the successor trustee already has authority; present the trust certificate to banks and vendors. Either way, carry certified copies of your authority and a one-page letter on company letterhead naming you as the contact. People cooperate faster when they see clean paperwork.

Estate Planning For Austin Artists With Gallery Consignment And Merchandise Revenue

Published on: October 9, 2025 | By David W. Miller

Estate Planning For Austin Artists With Gallery Consignment And Merchandise Revenue

Austin artists build value through originals, prints, merchandise, and a reputation that lives online. When an artist dies or becomes disabled, confusion over consignment contracts, online shops, and intellectual property can freeze income and scatter the archive. A focused estate plan protects your work, pays your bills, and guides your heirs so the art keeps moving into the world.

Inventory The Work And The Rights

Begin with a simple spreadsheet that lists each original, series, or edition. Add title, medium, dimensions, date, current location, and whether the piece is consigned or sold. For limited editions, record edition size and numbers already sold. Note where high-resolution files live and who has access. This one document becomes the map your executor and gallerist use to keep sales going without guessing.

Using Family Limited Partnerships To Hold Hill Country Acreage Near Austin

Published on: October 7, 2025 | By Thomas W. McCulloch

Hill Country acreage carries memories, water, and wide horizons—but it also carries management challenges. Multiple siblings, roaming property lines, county taxes, and seasonal income make succession tricky. A Family Limited Partnership (FLP) can centralize control, protect against creditor chaos, and hand the land to the next generation with fewer court trips. When you set up the structure correctly, fences stay fixed and family ties stay strong.

Understand The Roles Inside An FLP

An FLP has two parts: a general partner (often an LLC you control) that manages daily decisions, and limited partners (you and your family) who hold economic interests. The general partner signs grazing leases, approves hunting contracts, hires fence crews, and pays taxes. Limited partners receive distributions and reports. That split lets you guide the ranch while training the next leader without handing over the keys too soon.

Put The Land, Water, And Minerals On Paper

Before you transfer title, gather every deed, survey, and easement affecting the acreage. Confirm water rights, well permits, and pipeline or roadway easements. If minerals exist, decide whether the FLP will own them or reserve overrides. A clean schedule of assets goes into the partnership agreement so no one later claims that “the back pasture” was excluded. Precision today prevents family disputes tomorrow.

Crafting Succession Plans for East Austin Duplexes and ADUs

Published on: October 3, 2025 | By David W. Miller

East Austin’s duplexes and backyard ADUs mix rental income with neighborhood character. They also create unique succession questions when an owner dies or becomes incapacitated. If you plan now, tenants keep paying, contractors keep showing up, and your heirs receive a property that is easy to manage or sell. A practical plan treats your rentals like a small business with clear instructions and the paperwork to match.

Identify What You Own And How It’s Titled

Start by listing each unit—front house, back house, garage apartment, or detached ADU—and confirm how title is held. Some East Austin owners condominiumize a duplex into two units with separate legal descriptions and HOA documents. Others keep one lot with multiple dwellings. Your deed, survey, and any condo declaration determine what your executor can sell and how buyers will finance the deal. Put copies of these records in a single folder so your fiduciary is not hunting through email during probate.

Keep Permits, STR Licenses, And Leases Current

If a unit operates as a short-term rental, save the license, renewal dates, and any City correspondence about occupancy rules or noise complaints. For long-term tenants, file signed leases, addenda, pet agreements, and security-deposit receipts. Make sure every lease states where rent should be paid if you die and who manages the property in the interim. When documents are current, rent keeps flowing and title companies relax when a sale is planned.

When Heirs Disagree in Harris County: Choosing Independent vs. Dependent Administration

Published on: September 30, 2025 | By David W. Miller

When Heirs Disagree in Harris County: Choosing Independent vs. Dependent Administration

Arguments among heirs slow probate, inflate costs, and strain relationships. Harris County judges offer two paths to finish the job: independent administration and dependent administration. Each path balances speed and oversight differently. If you choose wisely, you keep the estate on schedule while protecting everyone’s rights.

Understand What “Independent” Really Means

Independent administration lets the executor act without asking the court for permission at every turn. After the will is admitted and letters issue, you can list property, pay debts, and settle claims. You still owe duties—notice to creditors, an inventory (or affidavit in lieu), and proper distributions—but you avoid motion practice for routine sales or payments. When heirs cooperate, this route saves months.

Ancillary Probate From Austin for Property in New Mexico or Colorado

Published on: September 28, 2025 | By Thomas W. McCulloch

Ancillary Probate From Austin for Property in New Mexico or Colorado

When a Texas resident dies owning land in New Mexico or Colorado, a Travis County probate alone will not transfer those deeds. Real estate follows the law of the state where it sits. You need ancillary proceedings in the other state so title companies will insure the transfer. With the right documents and a coordinated plan, you can handle both courts without wasting months.

Begin With a Texas Domiciliary Probate

Open the main probate in Travis County first. Ask the court to admit the will, appoint the executor, and issue letters testamentary. Keep certified copies of the will, the order admitting the will, and your letters. Those documents form the foundation for what you will file in Santa Fe, Albuquerque, Denver, or whichever county holds the land records.

Collect County-Specific Deed and Tax Details

Pull full legal descriptions from the New Mexico or Colorado deeds—township, range, section, or metes and bounds. Print current tax statements and check for HOA dues or special assessments. Title and treasurer offices in those states rely on exact legal language; a missing call or incorrect section number can stall recording for weeks.

Navigating Austin’s Heritage Tree Rules During a Probate Sale

Published on: September 25, 2025 | By Thomas W. McCulloch

Selling an Austin home through probate gets trickier when large, protected trees stand on the lot. Austin’s Heritage Tree rules affect what you can trim, remove, or build around, and buyers care about that. If you understand the process, you keep deals on track, avoid fines, and protect sale price. With a little prep, you can present the property as both compliant and attractive.

Start With a Professional Tree Survey

You should order a tree survey from a certified arborist or reputable surveyor before you list. Ask for species, trunk diameters, canopy spread, and the critical root zone (CRZ) for every regulated tree. In Austin, trees at or above certain trunk sizes trigger protection; the biggest ones may qualify as “Heritage” trees. A clean map of trunks and drip lines helps buyers understand where additions, driveways, or pool plans might fit without hurting roots.

Learn the Basics of Permits and Protected Zones

Austin restricts pruning and removal for regulated and Heritage trees. Cutting into the CRZ or planning a driveway over major roots can require a permit and mitigation. You also face limits on how much canopy you can remove. Share a one-page summary with buyers that lists which trees fall under the rules, the likely permit path if they want changes, and any recent approvals tied to the property. That quick education replaces worry with facts.

Use an Arborist Report to Calm Appraisal Jitters

Lenders and appraisers often worry about deferred maintenance or storm damage. An arborist can recommend deadwood removal, cable supports, or soil remediation that improves safety and curb appeal. Complete straightforward work before photos and show receipts. You present a home that looks cared for and compliant, which boosts confidence and keeps underwriting simple.