Estate Planning

Surviving Spouse Rights in Texas Probate

Published on: June 29, 2026 | By Thomas W. McCulloch

When a married person dies in Texas, the surviving spouse has a set of legal protections that exist no matter what the will says or who inherits the property. These rights let a widow or widower stay in the family home, keep essential personal property, and draw an allowance from the estate for support during the first hard year. They are some of the strongest protections in Texas probate law, and they often surprise the people they protect.

McCulloch & Miller, PLLC helps surviving spouses and families assert these rights during the Texas probate process, in Dallas and across the state. The firm handles estate administrations on a flat fee basis for many matters and has guided Texas families through them for over 35 years.

What rights does a surviving spouse have in Texas?

Clearing Title Without a Will Though an Affidavit of Heirship

Published on: June 15, 2026 | By David W. Miller

An affidavit of heirship is a sworn statement, recorded in the county’s real property records, that identifies who inherited a deceased person’s land when no will was probated. In Texas, families use it most often to clear title to a home or other real estate after a relative dies without a will, so the property can be sold, refinanced, or simply put in the heirs’ names. It is one of the least expensive ways to handle real estate after a death, though it does not fit every estate.

McCulloch & Miller, PLLC helps families in Austin and across Texas decide whether an affidavit of heirship will clear a property’s title or whether a court proceeding is the safer route. The firm handles Texas probate and heirship matters statewide and offers flat fee pricing on many of them.

What is an affidavit of heirship in Texas?

What Are Letters Testamentary in Texas and How Do You Get Them?

Published on: May 29, 2026 | By Thomas W. McCulloch

Letters Testamentary are the court-issued document that gives an executor legal authority to act on behalf of a deceased person’s estate in Texas. Until the probate court issues them, even an executor named in a will cannot legally access bank accounts, sell property, or settle the estate’s debts. Obtaining Letters Testamentary is one of the first and most important steps in administering an estate with a valid will.

McCulloch & Miller, PLLC helps executors obtain Letters Testamentary and complete the Texas probate process in Houston, Harris County, and the greater Houston metro area. The firm offers flat fee pricing on many probate matters and has guided executors through the Harris County Probate Courts for over 35 years.

What Are Letters Testamentary?

Letters Testamentary are an official certificate from the probate court confirming that a named executor has been appointed and has authority to manage a decedent’s estate. Banks, title companies, brokerage firms, and other institutions require a current copy before they will release funds or allow an executor to act. In effect, the letters are the executor’s proof of authority to the outside world.

Texas Medicaid Planning: Protecting Assets From Long-Term Care Costs

Published on: May 27, 2026 | By McCulloch & Miller, PLLC

Texas Medicaid planning is the process of legally structuring your income and assets so you can qualify for long-term care coverage without spending down everything you have saved. Nursing home care in Texas can cost thousands of dollars a month, and Medicaid is the primary program that helps families pay for it. With advance planning, many families are able to preserve significant assets while still meeting Medicaid’s strict financial limits.

McCulloch & Miller, PLLC helps families across Houston, Harris County, and the greater Houston metro area with Texas Medicaid crisis planning. Founding partner Thomas McCulloch is a member of the National Academy of Elder Law Attorneys, and his commitment to elder law grew from his own experience caring for his aging mother — perspective that shapes how the firm approaches these deeply personal decisions.

What Are the Medicaid Asset Limits in Texas?

To qualify for long-term care Medicaid in Texas, a single applicant generally must have no more than $2,000 in countable assets (as of 2026). Not everything counts, though: a primary home within the equity limit, one vehicle, personal belongings, and certain other resources are typically exempt. Because these figures are adjusted periodically, families should confirm the current limits with Texas Health and Human Services before relying on them.

Estate Planning for Business Owners in Houston

Published on: May 17, 2026 | By David W. Miller

Estate Planning for Business Owners in Houston

For a Houston business owner, estate planning is not just about a will — it is about making sure the company survives the owner’s death or incapacity without forcing a fire sale, a family fight, or a costly court process. A complete plan addresses who takes over, how ownership transfers, how the business is valued, and how to protect both the company and the owner’s family from unnecessary taxes and creditors. Without one, a thriving Houston business can stall the moment its owner is gone.

McCulloch & Miller, PLLC works with business owners throughout Houston, Harris County, and the greater Houston metro area on estate planning for business owners. Partner David Miller brings a background in corporate trust, investment banking, and securities work that gives the firm an uncommon depth of understanding when a closely held business is the centerpiece of an estate.

Why Do Houston Business Owners Need Specialized Estate Planning?

A business is rarely like other assets. It may be illiquid, hard to value, and dependent on the owner’s daily involvement — which means the standard “leave everything to my spouse” plan can leave a company without leadership and a family without income. For owners in industries that define the Houston economy, from energy and professional services to family-run enterprises across Sugar Land, Katy, and The Woodlands, the stakes are especially high.

Do You Need a Will or a Trust in Texas?

Published on: May 14, 2026 | By McCulloch & Miller, PLLC

The difference comes down to this: a will takes effect only after you die and must pass through probate, while a living trust takes effect as soon as you create it and can avoid probate entirely. Most Texas families need a will at a minimum. Whether you also need a trust depends on the size of your estate, your privacy concerns, and whether you want to keep assets out of court. For many people, the right answer is both.

McCulloch & Miller, PLLC helps families across Houston, Harris County, and the greater Houston metro area choose between — and often combine — wills and trusts as part of a complete estate plan. With over 35 years of experience and a founding partner who is both an attorney and a CPA, the firm matches the right tools to each family’s situation rather than applying a one-size-fits-all template.

What Is the Difference Between a Will and a Trust in Texas?

A will is a document that directs who receives your property after death and names an executor to carry out your wishes. It only operates after you die, and it must be admitted to probate for your executor to gain authority. A living trust, by contrast, is a legal entity you create now, transfer assets into, and control during your lifetime — and it passes those assets to your beneficiaries at death without probate.

Estate Planning for Blended Families in Texas

Published on: April 28, 2026 | By McCulloch & Miller, PLLC

Blended families — households that include children from prior relationships, stepchildren, or both — face estate planning challenges that traditional families do not. Texas community property law, intestate succession rules, and the legal distinction between biological children and stepchildren can create outcomes that surprise families who assume “everything goes to my spouse.” Without a deliberate plan, a surviving spouse and the decedent’s children from a prior relationship may end up sharing ownership of the family home, competing for assets, or locked in a probate administration that drains the estate.

McCulloch & Miller, PLLC helps blended families in Houston, Harris County, and across the greater Houston metro area build estate plans that protect every member of the family. The firm’s attorneys have over 35 years of experience addressing the unique dynamics of blended family planning under Texas law, with founding partner Thomas McCulloch bringing dual JD/CPA credentials that strengthen the financial analysis behind every plan.

Why Does Blended Family Estate Planning Require Special Attention in Texas?

Texas is a community property state, which means most assets acquired during a marriage belong equally to both spouses. When a spouse in a blended family dies without a will, the Texas Estates Code § 201.003 dictates that the decedent’s one-half share of community property passes to the decedent’s children — not to the surviving spouse. If the children are from a prior relationship, the surviving spouse receives nothing from the decedent’s community property share.

Irrevocable Trusts in Texas: When and Why to Use One

Published on: April 9, 2026 | By McCulloch & Miller, PLLC

An irrevocable trust is a legal arrangement that, once established, generally cannot be changed, amended, or revoked by the person who created it. Unlike a revocable living trust — where the grantor retains full control and can modify the terms at any time — an irrevocable trust transfers ownership of assets out of the grantor’s estate permanently. That loss of control is the trade-off for significant benefits: asset protection, estate tax reduction, Medicaid planning advantages, and the ability to provide structured distributions to beneficiaries over time.

McCulloch & Miller, PLLC helps families in Dallas, Houston, and across Texas evaluate whether an irrevocable trust fits their estate planning goals. The firm’s trust planning attorneys have over 35 years of experience drafting and administering trusts under the Texas Property Code and the Texas Trust Code, with founding partner Thomas McCulloch bringing dual JD/CPA credentials that strengthen the tax-planning analysis behind every trust strategy.

What Is an Irrevocable Trust?

An irrevocable trust is a trust that the grantor cannot unilaterally modify, amend, or terminate after it is created. Once assets are transferred into the trust, they are owned by the trust — not by the grantor. The trustee manages the assets according to the trust’s terms, and the beneficiaries receive distributions as the trust document directs.

How to Choose the Right Executor for Your Texas Will

Published on: April 4, 2026 | By McCulloch & Miller, PLLC

The executor of your will is the person who carries out your final wishes — collecting your assets, paying your debts, filing tax returns, and distributing what remains to your beneficiaries. In Texas, the executor (called the “independent executor” when granted that authority) has broad legal power to manage your estate with minimal court oversight. Choosing the wrong person for this role can lead to delays, family conflict, financial mismanagement, and unnecessary costs that diminish what your beneficiaries receive.

McCulloch & Miller, PLLC helps families in Dallas, Houston, and across Texas make informed decisions about executor selection as part of a comprehensive estate plan. The firm’s attorneys have guided thousands of families through the planning process over more than 35 years, and they regularly see the difference a well-chosen executor makes when it is time to administer the estate.

What Does an Executor Do in Texas?

An executor’s responsibilities begin as soon as the probate court issues Letters Testamentary and continue until the estate is fully administered and closed. Under the Texas Estates Code, an independent executor’s duties include locating and securing the decedent’s assets, filing an inventory and appraisement within 90 days, publishing notice to creditors, evaluating and paying valid debts, filing any required federal and state tax returns, and distributing the remaining assets to beneficiaries according to the terms of the will.

Can You Use a Small Estate Affidavit in Houston

Published on: March 28, 2026 | By McCulloch & Miller, PLLC

A Small Estate Affidavit can be a useful shortcut for the right Houston estate, but it is not available in every case. Texas law limits who can use it, when it can be used, and what property it can actually transfer.

That matters because many families hear the phrase and assume it is a general way to avoid probate. It is not. It is a narrow statutory option that works only when the estate checks several specific boxes.

What a Small Estate Affidavit Is