Houston Estate Planning and Elder Law Attorney Blog

Probate Sales with HOA, PID, and Special Assessment Liens in the Dallas Metro

Published on: December 20, 2025 | By David W. Miller

Selling estate property in the Dallas area often means more than paying off a mortgage. HOA liens, Public Improvement District (PID) assessments, Municipal Utility District (MUD) charges, and special assessments can complicate closings. If you identify and manage these liens early, you protect price, avoid delays, and keep buyers confident.

Order Title and Read Every Schedule

As soon as you have authority, order a title commitment. Study Schedule B for HOA declarations, assessment liens, and PID notices. Pull the resale certificate or PID disclosure and note transfer fees, caps, and balances. Create a payoff worksheet listing each lienholder, the account number, and contact information. When you know the encumbrances, you can negotiate from a position of clarity.

When a Will Lacks a Self-Proving Affidavit in Dallas County

Published on: December 17, 2025 | By David W. Miller

A self-proving affidavit lets a Texas will be admitted without witness testimony. If a Dallas County will lacks that affidavit, you can still admit it—you just need more preparation. With the right witnesses, documents, and courtroom plan, you will convert a paper gap into a smooth prove-up.

Find and Prep the Attesting Witnesses

A Texas attested will has two witnesses who saw the testator sign. Track them down using the will’s signature block, law firm records, social media, or people-search tools. Ask each witness to confirm identity, capacity, and voluntariness. Share a short outline: how they knew the testator, where the signing occurred, and who else was present. Offer to meet at the courthouse on the hearing date and arrange for IDs to present to the clerk.

Fast-Tracking Independent Administration in Harris County

Published on: December 15, 2025 | By Thomas W. McCulloch

Independent administration is Texas’s shortcut for efficient probate. In Harris County, a well-drafted will—and a clean court filing—can compress months of hearings into weeks of action. The keys are simple: waive bond, request independence, and grant broad powers so your executor can work without running back to court for every decision.

Put the Magic Words in the Will

If you are planning ahead, direct that your named executor serve independently, without bond, and with full powers under the Estates Code. Add specific powers to sell real property, operate or wind down a business, compromise claims, and manage digital assets. If the will lacks these phrases, heirs can still agree to independence, but you will lose time gathering signatures.

Clearing Title to Heir Property in Houston’s Legacy Neighborhoods Without Forcing a Sale

Published on: December 11, 2025 | By David W. Miller

Heir property—homes passed down without deeds or wills—keeps families rooted in legacy neighborhoods. Unfortunately, unclear title can block repairs, homestead exemptions, and access to rebuilding funds. You do not need to sell to solve the problem. With the right mix of probate tools, affidavits, and agreements, you can clear title while keeping the home in the family.

Start With a Family Tree and a Paper Hunt

Sketch a family tree showing every heir, including half-siblings and deceased relatives with descendants. Pull every deed, tax statement, and probate record connected to the address. Ask longtime neighbors for historical details and search county records for liens or HOA assessments. A clear view of ownership and debt sets up your legal strategy and reduces surprises at closing or refinancing.

Navigating Medicaid Estate Recovery Claims Against a Houston Estate

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

woman retirement risks and estate planning

Medicaid can help pay for long-term care, but the state may seek repayment from a recipient’s estate after death. In Houston, understanding when Medicaid Estate Recovery Program (MERP) claims apply—and how to respond—can save families time, money, and stress. With a methodical approach, you can confirm what is owed, preserve protected assets, and close the estate cleanly.

Confirm Whether MERP Applies at All

MERP generally targets Medicaid benefits paid for long-term-care services after age 55. Start by requesting an itemized claim from the program once you have letters testamentary or administration. Verify the coverage types, dates, and amounts, and compare them to facility records and Explanation of Benefits. Sometimes charges are misattributed or fall outside the recoverable categories. If the decedent never received long-term-care Medicaid, you may be able to dismiss the claim quickly.

Proving a Lost or Destroyed Will in Harris County Probate Court

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

If a loved one’s will is missing or ruined, you can still honor their wishes in Harris County. Texas law lets you “prove up” a lost or destroyed will if you bring the right evidence and move quickly. Your goal is to show the probate court what the will said and to rebut any presumption that the testator revoked it. With a tight plan, you can protect bequests, avoid intestacy, and keep the estate on schedule.

Start by Tracking Down the Last Known Copy

Begin with the attorney who drafted the will, the testator’s email, and any home file cabinets or cloud folders. Ask financial advisors and CPA firms whether they received a PDF. If a scanned copy exists, save the file with metadata intact and print a hard copy for exhibits. Identify the subscribing witnesses and the notary who signed the self-proving affidavit, if any. The more authentic paper and people you can assemble, the smoother your hearing will be.

Transfer on Death Deeds in Austin and How 2025 Guidance Helps Homeowners Avoid Probate

Published on: November 30, 2025 | By David W. Miller

Transfer on Death Deeds in Austin and How 2025 Guidance Helps Homeowners Avoid Probate

The Texas State Law Library recently updated its guidance on transfer-on-death deeds (TODDs), giving Austin-area homeowners clearer direction on how these deeds work and when they make sense. The update arrives at a good time. Many families in Travis, Williamson, and Hays Counties want to avoid a lengthy probate process, especially when the main asset is a homestead or rental property. A TODD can transfer real estate directly to a chosen beneficiary after death and avoid court, as long as the deed is prepared and recorded correctly. These advantages encourage more families to take a fresh look at their planning options.

Understanding how TODDs operate helps you decide whether they fit your goals. Some people benefit from simple transfers, while others need a fuller estate plan that coordinates real estate with trusts, powers of attorney, and long-term instructions.

How Transfer-on-Death Deeds Work for Austin Homeowners

A TODD lets you name a beneficiary who receives your property automatically when you pass away. You keep full control during your lifetime. You can sell, refinance, or lease the property without the beneficiary’s permission. The deed has no effect until death, and the beneficiary has no ownership rights until that moment.

2025 Texas Estate and Trust Law Changes and What Dallas Families Should Update Before 2026

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

Texas lawmakers recently approved several targeted changes to estate, trust, and guardianship law for 2025. These updates do not overhaul the entire system, but they do affect how wills get proved, how guardianships are supervised, and how courts handle estate administration. If you live in Dallas, Collin County, or nearby communities, the practical takeaway is simple: before 2026, review your will package, beneficiary designations, and any guardianship planning to ensure they comply with the new rules.

Courts now have clearer procedures for proving a will, transferring probate files between counties, supervising guardians, and addressing estate-related fraud. Understanding these changes helps you decide which documents deserve a closer look before the new year.

How 2025 Texas Estate Law Updates Affect Dallas Families

The State Bar of Texas recently summarized several bills from the 89th Legislature that directly affect decedents’ estates, guardianships, and trusts. Most of these laws took effect on September 1, 2025. For Dallas-area families, the most important themes involve communication, documentation, and court oversight.

What Families Should Know About Capacity and Influence Claims

Published on: November 19, 2025 | By David W. Miller

A recent opinion from the Fifth Court of Appeals, In the Estate of Danny Lee Rubey, offers helpful guidance for families facing a will contest in the Dallas area. In that case, the court affirmed summary judgment against a will challenger who claimed the decedent lacked testamentary capacity and was subject to undue influence, fraud, and unjust enrichment. The ruling shows how Texas courts evaluate these disputes and which types of evidence carry real weight. It also highlights how thoughtful estate planning and clear communication can reduce the risk of litigation later.

Will contests create strain for families, especially when disagreements arise soon after a loved one passes. Understanding how courts examine these challenges helps families make informed decisions during both planning and probate.

How Dallas Courts Evaluate Testamentary Capacity

Testamentary capacity focuses on the mental ability of the person signing the will. Texas courts look at whether the testator understood the nature of making a will, the general extent of their property, and the natural objects of their bounty. The court in Rubey emphasized that capacity is assessed at the moment the will is executed. Medical records, witness statements, and attorney notes can support or undermine a challenge.

Dallas Probate Mandamus Petition Shows How Hard It Is to Overturn a Will Ruling Mid-Case

Published on: November 16, 2025 | By McCulloch & Miller, PLLC

A recent decision from the Fifth Court of Appeals illustrates just how narrow mandamus relief is in a Texas probate dispute. In that case, a party in a Dallas County estate matter tried to bypass the usual appeals process and asked the appellate court to force the probate judge to rule on alleged ambiguities in two wills. The court declined. For families involved in contested probate proceedings, the opinion underscores that mandamus is rarely a shortcut around interim rulings.

A solid trial-court record and patience for the ordinary appeal route remain essential.

The ruling also highlights how procedural mistakes can defeat a mandamus petition before any judge reaches the heart of the controversy. Anyone drawn into a will or trust dispute in Dallas, Houston, or elsewhere in Texas benefits from understanding how original proceedings function and how to focus time and resources on steps that actually move the case forward.

What Happened in the In re James Allen Williams Case

The relator in the case asked the Dallas Court of Appeals to step in during an ongoing matter in Probate Court No. 1 of Dallas County. He wanted the appellate court to stay all trial proceedings and force the probate judge either to identify specific ambiguous language in two wills or to declare that no ambiguities existed. In other words, he tried to pull a key interpretation question out of the probate judge’s hands and get an immediate answer from a higher court.