A limited-liability company operates under an operating agreement that often restricts transfers to protect remaining members. When an owner dies, that agreement may require a vote, a buy-sell valuation, or a specific waiting period before heirs can receive economic rights. Executors who overlook these clauses risk breaching fiduciary duties or…
Stock options, restricted stock units, and employee stock-purchase plans form a major slice of compensation at Austin tech firms. Each grant carries unique vesting schedules, expiration dates, and tax treatments. Executors must determine whether unvested options accelerate at death and how to report them for estate-tax purposes. Misreading plan documents…
Homes along Lake Travis and Barton Creek often feature boat docks, easements, and submerged-land leases that complicate title work. Appraising these properties requires more than checking comparable sales, because lake levels and shoreline setbacks influence value. Executors must address riparian rights, which govern water access and usage, before transferring deeds…
Serving as executor looks straightforward until real work begins: securing property, filing inventories, paying debts, and keeping meticulous records. Family members balancing careers and caregiving may lack time or expertise, risking missed deadlines that incur court fines. Emotional ties can cloud judgment about asset sales, especially when a family home…
Smartphones, hard drives, and cloud accounts store value far beyond family photos. Cryptocurrency wallets can hold six-figure sums, and NFTs sometimes trade for more than downtown condos. Digital art also carries copyright rights that affect future royalties. Unlike traditional property, these assets are invisible during a walk-through of the deceased’s…
Real estate, mineral interests, and timberland located outside Texas are governed by the laws of the state where the property sits. Dallas families who own cabins in Broken Bow, farmland in Arkansas, or production wells in Louisiana cannot transfer those assets with a Texas-only probate. Ancillary probate—an additional court proceeding…
Oil and gas royalties feel like passive mailbox money, yet probate treats them as complex real property interests. Each royalty check stems from a lease that must be located, interpreted, and confirmed for accuracy. Executors must verify the decedent’s percentage ownership in every producing well, then track revenue back to…
Texas probate law lets personal representatives choose between independent and dependent administration, and that decision directly affects how long heirs wait for assets. Independent administration removes most court oversight, empowering an executor to act without asking a judge for routine approvals. Dependent administration, by contrast, keeps the probate judge involved…
Misconceptions about probate spread faster than brisket recipes at a backyard cook-out. Friends repeat half-truths, and online forums mix other states’ rules with Texas procedure. Believing the wrong story can push families into expensive, time-consuming missteps. Let’s bust five common myths—and share a few practical tips—with insight from an Austin…
Until you go through the probate process, you have no reason to know how the probate process works. At McCulloch & Miller, we are experts in probate so that you don’t have to be. One question our clients often ask is how long probate takes from beginning to end. The…