In Texas, if a person dies without a will (or if a person leaves property out of their will, intentionally or mistakenly), there are laws that dictate how the state distributes the relevant property. Texas heirship law can seem complicated at first, but today’s blog aims to simplify the process…
Houston Estate Planning and Elder Law Attorney Blog
How to Handle Debts and Taxes in Probate
The probate process can vary in complexity, depending on the size and nature of a decedent’s estate. While many executors think first and foremost about the assets in a decedent’s estate, it is equally important to consider the debts and taxes that might be involved. Without addressing these crucial elements,…
When a Small Estate Affidavit Makes Sense for Texans
Some individuals in Texas qualify for what is called a “small estate affidavit,” which simplifies the probate process and serves as an efficient way to pass assets to heirs. When does the small estate affidavit make sense for Texans? What are the requirements? Today’s blog summarizes some of the basics…
How Long Does Probate Take? Factors That Affect Probate Timelines
When clients or potential clients ask us how long the probate process typically takes in Texas, we always say that “it depends.” This answer can be frustrating, but there is unfortunately no cookie cutter answer to this common question. As we have described in past blogs, probate is the process…
What You Need to Know About Muniment of Title in Texas
If one of your loved ones has recently passed, and that loved one died both with a will and without any debts, you might be able to probate your loved one’s estate through Muniment of Title. Muniment of Title is a tool that shortens the time that probate typically takes,…
Top Mistakes to Avoid During Texas Probate Administration
Probate is a pain for most involved parties. It entails court filings, hearings, and fees, and it can take longer than many people want to wait. At the same time, probate is a necessary hurdle that allows beneficiaries to access the assets that their loved one left behind. Sometimes, though,…
Is Creating a DIY Will a Good Idea?
In this day and age, it can be tempting to use technology to bypass legal advice. Many individuals, for example, tell us that they have considered creating a “DIY will” online instead of consulting a Houston estate planning attorney to undergo the process. Is this a good idea? At McCulloch…
Leaving Money to a Child Who Isn’t Financially Savvy
Many of our clients are interested in leaving money to their children when they pass. For some clients, though, there is a question about what to do when their child is not financially savvy. Do they leave unrestricted assets for the child anyway? Are there tools they can use to…
Who Inherits a Texas Estate if There is No Will, and Why Does It Matter?
As our clients know, we strongly recommend that every individual in Texas takes the time to draft, write, and execute a will. The benefits are too many to count: for example, wills and estate plans help you make decisions about your assets; they allow for easy transfer of assets to…
Are Beneficiary Designations Enough in a Texas Estate Plan?
Several weeks ago on our blog, we discussed the importance of beneficiary designations and how they relate to estate planning. Is it true, though, that beneficiary designations alone can create a comprehensive estate plan? The answer, unsurprisingly, is no. But what else does an estate plan require? And how can…