Ideally, any individual drafting a will would be able to make decisions for him or herself. In reality, however, at times, there are competence issues, meaning that when a person is mentally incompetent or incapacitated, others might challenge that person’s will or estate plans down the line. In today’s blog,…
Houston Estate Planning and Elder Law Attorney Blog
What is a Pour-Over Will in Texas?
As we have discussed on our blog in the past, there are plenty of tools available to Texans working on finding an estate planning strategy that works for them. Different kinds of trusts, wills, and gifts allow decedents to make sure their assets are protected in a way that benefits…
Does Probate Always Require a Lawyer in Texas?
At McCulloch & Miller, we understand the dilemma – paying for an attorney can be difficult, but you also don’t want to go through legal battles alone. During the probate process, it can be especially frustrating to navigate all of the procedural hurdles without an attorney. But is an attorney…
How is an Inheritance Affected by Divorce in Texas?
When a couple gets divorced, there are financial matters that need to be dealt with – in the absence of a settlement agreement, the family court must divide up the couple’s property in a way that is fair to both parties. Sometimes, this division can be tricky, especially if the…
Can You Sell Property During Probate in Texas?
Clients sometimes ask us about how they can go about selling property during probate proceedings – is it even possible? What does it entail? In short, the answer is yes: you can sell property during probate. As always, however, the long answer is a bit more complicated, as it involves…
What is the Cost of Probating a Will in Texas?
When undergoing the probate process, there can be unexpected procedural requirements, hurdles, and costs that you incur. When planning for probate, it is important to note that the cost of probating a will depends greatly on the size and complexity of the estate. For a multimillion-dollar estate, for example, the…
What Should You Bring When You Meet with Your Estate Planning Attorney?
If you are preparing for an initial meeting with an estate planning attorney, you are taking a great first step that will help protect your loved ones down the road. If it is your first meeting, though, you might have questions about what the meeting will entail or what you…
Are Stepchildren Entitled to Inherit Under a Texas Will?
When parents begin their estate planning processes, they have many variables to consider, and it is always difficult to make decisions about which assets should go where. One variable that many of our clients want to think through is the possible addition of stepchildren to a will or estate plan.…
What is an Application to Determine Heirship in Texas?
At times, navigating probate is a relatively straightforward process. Other times, though, the process can be messy – especially when it is unclear who an individual’s heirs are and who should receive the individual’s property. In today’s blog post, we discuss one way to navigate this issue – namely, by…
Are Adopted Children Entitled to Inherit Under a Texas Will?
For parents that have adopted children, it is important to understand how the law understands adopted children to be part of their families. In the estate planning process, our clients that have adopted children often want to make sure that their kids are well taken care of after their passing.…