In thinking through the probate process, there are various nuances and procedures that are important to keep in mind. One term that you might hear while undergoing probate is “dependent administration” vs. “independent administration.” While there are similarities between dependent and independent administration, it is also important to know the…
Articles Posted in Estate Planning
How Divorce Affects Your Texas Estate Plan
At McCulloch & Miller, we always advise our clients to begin their estate planning processes on the early side. The reality for many clients, however, is that life circumstances change as time goes on, which is why it is important to update your estate plan as you experience significant shifts…
Estate Planning Basics: How to Revoke a Texas Power of Attorney
In the past, we have covered power of attorney on our estate planning blog, reviewing when it might be appropriate to have someone step in to make medical decisions on your behalf. As discussed, the concept of “power of attorney” allows another individual to make decisions on your behalf. The…
A Guide to Replacing Important–But Lost– Documents in Texas
One of the most important – and dreaded – parts of estate planning is gathering all of the necessary documents to make sure no stone is left unturned. From birth certificates and marriage licenses to vehicle titles and tax returns, the number of documents to sort through can feel overwhelming.…
Understanding Special Deeds In Texas
The thought of organizing assets for loved ones after your death can feel daunting, especially when the Texas probate process seems so complex. Avoiding probate is possible, though, with the right tools, circumstances, and expertise on your side. One way to bypass probate with regards to real estate is the…
How Can You Give Another Person the Ability to Make Medical Decisions on Your Behalf?
Planning for emergencies is a key part of thinking through your long-term care needs. Importantly, naming an individual to make medical decisions on your behalf, in the event of your inability to make decisions for yourself, is a good way to ensure that you have a solid plan in place…
Why a Disposition of Remains Document Should be Included in Your Estate Plan
Part of the estate planning process necessarily involves difficult conversations and difficult decisions. One topic that many individuals can be hesitant to discuss is the “disposition of remains” document. While sometimes unpleasant to talk about, this document can be a key part of your estate plan that requires careful care…
What is Muniment of Title in Texas?
As many individuals in Texas know all too well, the probate process can be long and drawn out. Waiting for a decedent’s assets to be distributed can take months, which often makes things difficult for beneficiaries who might need more immediate access to their loved one’s funds. In Texas, however,…
What is a Texas Affidavit of Heirship?
Among the many tools available to those sorting through a loved one’s estate, the affidavit of heirship can be particularly useful for individuals whose loved ones might not have left behind a will. In Texas, the affidavit of heirship can be an incredibly practical way to transfer property ownership from…
Probating a Texas Will if You Don’t Know All the Deceased’s Heirs
Sometimes, a decedent leaves behind property, and it is unclear who the property belongs to after the decedent is gone. Under the right circumstances, interested parties in Texas can file an affidavit to determine heirship, which allows the probate court to sort out who should get the property in question…