As a general rule, a decedent’s assets in Texas must go through the probate process in order for those assets to pass on to the person’s beneficiaries. Because this process can be daunting and time-consuming, clients often come to us for help in figuring out how to avoid probate altogether.…
Houston Estate Planning and Elder Law Attorney Blog
Probate Considerations When There is Not a Will
For many decedents, the probate process involves a probate court judge reviewing that person’s will, ensuring that the will is valid, and then distributing the person’s assets to his or her beneficiaries. At times, however, the probate court has to decide how to proceed when there is no will in…
Should You Consider Avoiding Probate?
In the past, our blog has focused on the probate process and the many different implications for decedents, family, and friends. As we have emphasized, the probate process is complex, and it involves many actors as well as a detailed procedure that can take anywhere from a couple of months…
Does Texas Have a Simplified Probate Process?
In Texas, the probate process can be overwhelming for beneficiaries and those involved in distributing a decedent’s estate. The good news, however, is that for those whose assets are below a certain amount, there is a simplified probate process available. This process is shorter and more efficient, but it still…
An Overview of the Texas Estate Process
We have covered the definition of the probate process on our blog in the past, which is vital information for those developing their estate plans. Also relevant, however, is the specific procedure for probate in the state of Texas since probate works differently in each state and can have a…
What is Probate and Why You Need to Know How Texas Probate Law Works
Many beneficiaries to a person’s will find themselves becoming familiar with the probate process once they try to access the funds that their loved one has left behind. It can be important to understand the probate process because it is often the vehicle through which a decedent’s assets are passed…
Who Can Benefit from a Texas Special Needs Trust?
As we have discussed previously in our blog, trusts can be powerful tools to protect and distribute assets for individuals in a variety of circumstances. One particular kind of trust is called the special needs trust, which is designed specifically for individuals with a disability. This type of trust distributes…
Estate Planning Considerations for Gun Owners
One question we occasionally get from our clients is how to manage any guns that might be part of their estates as they plan for the future. If you own a gun, as long as it is registered and legal, there are steps you can take to make sure your…
Preparing to Meet with an Estate Planning or Probate Lawyer
At McCulloch & Miller, many of the clients we sit down with are meeting with an estate planning attorney for the first time. If you are looking to meet with an estate planning or probate attorney to discuss your long-term needs and don’t quite know what to expect, this guide…
So You’ve Been Named as an Executor or Trustee, Now What?
Being chosen as an executor or trustee can be a big responsibility, and it is not one that you should take lightly. If someone you know has asked you to serve either as an executor or trustee, that person believes that you will fulfill your duties in a trustworthy manner,…