Real Estate

Keeping the Over-65 Property Tax Ceiling After a Spouse Dies in Texas

Published on: October 16, 2026 | By McCulloch & Miller, PLLC

Texas property tax law gives homeowners 65 and older an extra school tax exemption and a ceiling that freezes the school taxes on their homestead. When the older spouse in a Houston household dies, the younger spouse can lose part of that protection and keep part of it, and which part depends on the survivor’s age and on what the couple’s taxing units had adopted. The difference can show up on the next tax statement as a bill well above the last one.

A surviving spouse who was 55 or older when the qualifying spouse died, and who still lives in the home, keeps the school tax ceiling under Tax Code § 11.26(i). The survivor also keeps any local-option over-65 exemption the deceased spouse had from a city, county, or other taxing unit. What does not carry over is the $60,000 school district exemption, which belongs only to an owner who is 65 or older or disabled. McCulloch & Miller, PLLC addresses these questions with surviving spouses as part of its estate planning and estate administration work.

What an Over-65 Homeowner Receives in Texas

What Heirs Face When a Texas Parent Dies With a Reverse Mortgage

Published on: September 13, 2026 | By McCulloch & Miller, PLLC

Last updated September 13, 2026 · Reviewed by David W. Miller

A reverse mortgage comes due when the last borrower dies, and the house passes to the family with the loan still attached. For the federally insured version, the home equity conversion mortgage, federal rules set short deadlines for the family to act. Heirs who do not know those deadlines can lose options they never realized they had.

After the last borrower dies, the lender notifies the estate and heirs that the loan is due. The regulations then give them 30 days from that notice to pay the balance, sell the home, or deed it to the lender. Under 24 C.F.R. § 206.27(b)(8), no one is personally liable for any shortfall, because the lender can collect only through the property. McCulloch & Miller helps families in Dallas and across Texas through the probate steps that usually have to happen before a sale can close.

How to Transfer Real Estate Through Probate in Texas

Published on: April 11, 2026 | By McCulloch & Miller, PLLC

How to Transfer Real Estate Through Probate in Texas

Real estate is often the most valuable asset in a Texas estate — and transferring it to the right beneficiary requires specific steps that go beyond simply reading the will. Unlike bank accounts or securities, real property does not change hands automatically when an executor is appointed. The executor must take affirmative action to transfer title, and the method depends on the type of probate proceeding, the language of the will, and the county where the property is located.

McCulloch & Miller, PLLC helps families in Austin, Houston, and across Texas transfer real property through probate efficiently and correctly. The firm’s probate attorneys have over 35 years of experience handling property transfers in Travis County, Harris County, and surrounding courts, with flat fee pricing available on many matters.

How Does Real Property Pass in Texas Probate?

Under Texas law, when the owner of real property dies, title does not automatically transfer to the beneficiaries named in the will — even if the will clearly identifies who should receive the property. Instead, the will must be admitted to probate, and one of several legal mechanisms must be used to establish the new owner’s title in the public land records.

The three most common methods for transferring real estate through probate in Texas are: recording a certified copy of a muniment of title order, executing and recording an executor’s deed, or recording a court order from an administration proceeding that authorizes the transfer. Each method has different requirements and is appropriate in different situations.

Using Revocable Trusts to Avoid Ancillary Probate for Dallas Investors With Multi-State Rentals

Published on: October 31, 2025 | By Thomas W. McCulloch

Using Revocable Trusts to Avoid Ancillary Probate for Dallas Investors With Multi-State Rentals

Dallas investors often own rentals in Oklahoma, Arkansas, Colorado, or beyond. When you pass, each state wants its own probate for local real estate—a slow, expensive loop called ancillary probate. A revocable trust can bypass that loop entirely. With the right deed work and a clear management plan, your trustee takes over in a day, not months.

Move Title Now, Not Later

A trust only helps if it holds title before you die. Prepare and record deeds transferring each property—using the exact legal description—into your revocable trust. Keep lender notices on file; most due-on-sale clauses do not trigger for transfers to a living trust, but follow your mortgage terms. Update insurance policies and property-tax accounts to reflect the trust as owner so bills and claims route correctly.

Estate Planning for High-Rise Condominium Owners in Uptown and Victory Park

Published on: October 24, 2025 | By Thomas W. McCulloch

Estate Planning for High-Rise Condominium Owners in Uptown and Victory Park

High-rise living brings amenities, views, and rules. If you own a condo in Uptown or Victory Park, your estate plan must fit building policies, HOA bylaws, and lender expectations. A little preparation prevents probate delays, HOA fines, and unhappy neighbors—while preserving value when it is time to sell or transfer.

Gather The Building Paperwork First

Collect the declaration, bylaws, rules and regulations, resale certificates, and any current special-assessment notices. Save parking and storage licenses, move-in/move-out procedures, and elevator reservation rules. Place insurance declarations and flood coverage (if applicable) in the same folder. Your executor or trustee needs these documents to prove authority and follow building protocols from day one.

Choose A Transfer Structure That Works In Practice

A revocable living trust lets your successor trustee manage the condo immediately—pay assessments, approve tenants, and coordinate moves—without waiting for court orders. If you rely on a will, be sure it requests independent administration and waives bond, which speeds Dallas County probate. Confirm that your lender allows transfers to a trust; most do, but paperwork matters in a high-rise with strict management.

Using Family Limited Partnerships To Hold Hill Country Acreage Near Austin

Published on: October 7, 2025 | By Thomas W. McCulloch

Hill Country acreage carries memories, water, and wide horizons—but it also carries management challenges. Multiple siblings, roaming property lines, county taxes, and seasonal income make succession tricky. A Family Limited Partnership (FLP) can centralize control, protect against creditor chaos, and hand the land to the next generation with fewer court trips. When you set up the structure correctly, fences stay fixed and family ties stay strong.

Understand The Roles Inside An FLP

An FLP has two parts: a general partner (often an LLC you control) that manages daily decisions, and limited partners (you and your family) who hold economic interests. The general partner signs grazing leases, approves hunting contracts, hires fence crews, and pays taxes. Limited partners receive distributions and reports. That split lets you guide the ranch while training the next leader without handing over the keys too soon.

Put The Land, Water, And Minerals On Paper

Before you transfer title, gather every deed, survey, and easement affecting the acreage. Confirm water rights, well permits, and pipeline or roadway easements. If minerals exist, decide whether the FLP will own them or reserve overrides. A clean schedule of assets goes into the partnership agreement so no one later claims that “the back pasture” was excluded. Precision today prevents family disputes tomorrow.

Crafting Succession Plans for East Austin Duplexes and ADUs

Published on: October 3, 2025 | By David W. Miller

East Austin’s duplexes and backyard ADUs mix rental income with neighborhood character. They also create unique succession questions when an owner dies or becomes incapacitated. If you plan now, tenants keep paying, contractors keep showing up, and your heirs receive a property that is easy to manage or sell. A practical plan treats your rentals like a small business with clear instructions and the paperwork to match.

Identify What You Own And How It’s Titled

Start by listing each unit—front house, back house, garage apartment, or detached ADU—and confirm how title is held. Some East Austin owners condominiumize a duplex into two units with separate legal descriptions and HOA documents. Others keep one lot with multiple dwellings. Your deed, survey, and any condo declaration determine what your executor can sell and how buyers will finance the deal. Put copies of these records in a single folder so your fiduciary is not hunting through email during probate.

Keep Permits, STR Licenses, And Leases Current

If a unit operates as a short-term rental, save the license, renewal dates, and any City correspondence about occupancy rules or noise complaints. For long-term tenants, file signed leases, addenda, pet agreements, and security-deposit receipts. Make sure every lease states where rent should be paid if you die and who manages the property in the interim. When documents are current, rent keeps flowing and title companies relax when a sale is planned.

Estate Planning Basics: Joint Tenancy with the Right of Survivorship

Published on: September 22, 2024 | By Thomas W. McCulloch

One effective tool for property owners that are thinking through their estate plans is joint tenancy with the right of survivorship. While this form of ownership might not be right for everyone, it can certainly be an efficient, effective way to both maintain property and avoid probate down the line. Today, our blog offers some basics around joint tenancy with the right of survivorship, with the goal of helping you become well-versed in the strategy as you begin to think through whether it might be a tool you implement for your own assets.

What is Joint Tenancy with the Right of Survivorship?

Joint tenancy with the right of survivorship means that multiple individuals own a piece of property at the same time (“joint tenancy”). It gives each person an equal share of the property they own. Importantly, if one owner dies, the other owner becomes the sole owner (“right of survivorship”). If there are more than two owners and one owner dies, the remaining owners then take an equal share of the property upon the first owner’s death.

What are Some of the Benefits of Joint Tenancy with the Right of Survivorship?

One major advantage of this structure of ownership is that when one owner dies, the property does not have to pass through probate. Instead, ownership is automatically transferred. This can save significant time and money. It also allows the living owner(s) to own the property without any delay; that is, they do not have to wait for the completion of any legal processes before taking ownership of the property, since the property is already in their possession.

Transferring Real Estate in Texas Outside of Probate

Published on: November 15, 2023 | By McCulloch & Miller, PLLC

Passing real estate to beneficiaries can be more complicated than you might think. If you own property, there are several steps you must take in order to ensure your property passes down to your chosen beneficiaries. In general, real estate will go through the probate process, but there are a couple of ways to avoid probate if you are looking into transferring real estate as a part of your personal estate plan.

Option One: Transfer on Death Deeds

The first option for those who wish to avoid probate when transferring real estate is called the transfer on death deed. This deed allows a property owner to transfer his or her interest immediately upon death to whoever he or she names in the deed. The deed has to meet certain procedural requirements, like being in writing and being signed in the presence of a notary. Without these requirements met, the court might end up having the property pass through probate despite the property owner’s earnest attempt at avoiding it.

Option Two: Life Estate Deed

A life estate deed looks slightly different than a transfer on death deed. It gives legal title to the chosen beneficiary during the property owner’s lifetime. While the legal title no longer belongs to the original owner under this kind of deed, the owner does maintain the right to live on the property during his or her lifetime. This option can be a nice middle ground for estate planners, in that it makes the inheriting process easier for beneficiaries while still allowing them the benefit of residing on the land during their lifetime.

The Ever-Changing Field of Houston Estate Planning

Published on: August 3, 2021 | By McCulloch & Miller, PLLC

Estate planning has evolved greatly over the past century, and it continues to change with each passing year. For example, estate planning attorneys must regularly adapt client plans to changes in tax laws. Keeping up with changes to the legal field and their implications for estate planning is a task best left to the professionals.

A Texas case decided in June 2021 aptly illustrates the evolving field of estate planning. In the case, a company and individual both claimed a right to the deed to a 21.5-acre plot of land. In the end, the company prevailed because the court applied a law that is now no longer in effect.

At issue in the case was whether an attempted transfer of the land in 1995 was valid. The 1995 transfer did not involve either the individual or company involved in this case, but its ripple effects dramatically altered their rights down the line.