Houston Estate Planning and Elder Law Attorney Blog

Pet Trusts for Austin Families

Published on: August 21, 2025 | By David W. Miller

Your pets are family. You want them fed, loved, and safe even if something happens to you. A pet trust turns that wish into a binding plan, providing money, care instructions, and oversight that lasts for your pet’s lifetime. With a few decisions today, you can guarantee tomorrow’s care.

Why a Trust Beats “My Friend Will Take Them”

Good intentions fade under busy schedules and tight budgets. A trust makes care a legal duty and funds it with real dollars. You name a caregiver, a trustee to manage the money, and a backup for each role. Because the law enforces the arrangement, food, grooming, and vet bills get paid on time. Your pets keep routines that feel safe and familiar.

Choose the Right Team for Your Animals

Pick a caregiver who truly wants the job and can handle your specific pets. A high-energy herding dog needs a different home than an elderly cat or a pair of parrots. Then select a trustee with financial sense to approve expenses, keep receipts, and file tax returns. Separating money management from daily care creates checks and balances. Add a trust protector who can replace either person if standards slip.

Protecting Austin Start-Up Equity in Your Estate Plan

Published on: August 16, 2025 | By David W. Miller

Your equity can be life-changing. Founder shares, incentive stock options, and RSUs often outrun the value of your home. If you do not plan for those assets, probate delays and tax traps can chew through gains. A clear Austin-focused plan keeps voting control steady, captures tax breaks, and gets money to your family on time.

Get a Clean Snapshot of What You Own

You cannot protect what you cannot list. Pull grant agreements, cap tables, vesting schedules, and any 83(b) elections. Note exercise windows, acceleration on death or disability, and transfer restrictions. Record broker platforms, equity portals, and contact info for company counsel. That one packet lets your executor or trustee act quickly if a tender offer opens or a secondary closes while your estate is in transition.

Use Trusts to Keep Momentum If You Are Incapacitated or Die

A revocable living trust lets a successor trustee vote shares, receive distributions, and sign consents without waiting for court papers. If your company qualifies for Qualified Small Business Stock (QSBS), trusts for family members can multiply the potential exclusion if you structure transfers early and within company rules. Coordinate with right-of-first-refusal and board-consent provisions so you do not trigger a blocked transfer.

Keeping a Greenbelt Home in the Family—Austin Conservation Easements and Estate Planning

Published on: August 9, 2025 | By Thomas W. McCulloch

Your Austin-area homestead may border a greenbelt or sit on acreage that frames hill-country views. If you want your children to inherit that land without pressure to subdivide or sell, a conservation easement can help. This voluntary agreement limits development while preserving tax benefits and long-term family control.

What a Conservation Easement Actually Does

An easement is a recorded restriction that runs with the land. You give up certain development rights—like dividing acreage or increasing building footprints—in exchange for permanent protection. A qualified land trust or government entity holds the easement and enforces its terms. You still own the property, live there, and can sell it; future buyers must respect the same limits.

Tax and Probate Benefits You Can Capture

An easement often lowers market value by limiting development, which can reduce estate taxes for larger holdings. Lower value can also bring down property taxes if the appraisal district recognizes the reduced highest-and-best use. From a probate perspective, clearly defined restrictions reduce fights among heirs about building guest houses, adding short-term rentals, or carving off a lot to sell. The rules are on paper, not up for debate.

Using Transfer on Death Deeds for Harris County Rental Homes

Published on: August 9, 2025 | By David W. Miller

Using Transfer on Death Deeds for Harris County Rental Homes

Rental properties create steady income, but probate can freeze that cash flow when an owner dies. A Transfer on Death (TOD) deed provides a simple, low-cost way to pass Harris County rentals to your chosen beneficiaries without a court process. You keep full control during life, and your heirs receive clean title with a recorded death certificate.

Why TOD Deeds Fit Rentals So Well

You want tenants to keep paying and maintenance to continue without interruption. A TOD deed lets rent checks keep rolling because your beneficiary steps into ownership without waiting for letters testamentary. Unlike joint tenancy, a TOD deed does not give current control to your beneficiary, so you can refinance, sell, or change your mind at any time. That flexibility makes it ideal for landlords who plan to hold property long-term.

Choosing the Right Beneficiaries

Name individuals, a trust, or even an LLC you control. If you own multiple rentals, you can file separate TOD deeds with tailored beneficiaries for each address. Consider naming alternates in case a primary beneficiary dies first. When minors are involved, route title through a trust so a trustee—not a court—manages repairs, leases, and taxes until children become adults.

Updating Beneficiary Designations After Divorce in Houston

Published on: August 4, 2025 | By Thomas W. McCulloch

Divorce resets more than your day-to-day life. It also rewrites who inherits your money if you die tomorrow. In Texas, beneficiary designations on life insurance, retirement plans, and bank accounts often control who gets paid—sometimes even over your will. You can protect yourself by reviewing every designation and aligning it with your new estate plan.

Why Designations Beat Your Will

When you die, insurers and plan administrators pay whoever is listed on the beneficiary form. They do not read your will first, and they do not guess what you meant. If your ex-spouse still appears on a policy, a payout can slip away from your children or your trust. Texas law revokes some ex-spouse designations automatically, but exceptions and federal plans complicate that rule. Treat each form as if it were a mini-contract that needs a fresh signature.

Prioritize the Big-Ticket Accounts

Start with life insurance, 401(k)s, IRAs, and brokerage accounts, then move to payable-on-death (POD) and transfer-on-death (TOD) designations on bank and investment accounts. Update beneficiary elections for health-savings accounts and deferred compensation, too. For employer plans governed by ERISA, the plan’s rules control; you may need spousal consent if you remarry. Create a checklist and mark each account as you update it so nothing slips through the cracks.

Transferring a Houston Business at Death—From Successor Management to Probate Paperwork

Published on: August 2, 2025 | By David W. Miller

You built your Houston business with long nights and bold choices. When you die, you want that momentum to continue without court bottlenecks or family disputes. A clear succession plan, aligned with Texas probate rules, keeps customers served, payroll met, and value preserved. With a few targeted steps, you can hand the company to the next leader without missing a beat.

Map Who Does What on Day One

You should identify who runs operations the morning after you pass. Name an acting CEO or general manager in writing, and give them authority to sign checks, approve vendor orders, and manage staff. Create a binder (digital and hard copy) that lists bank contacts, insurance policies, recurring payables, and key passwords stored through a secure manager. Clarity in those first seventy-two hours prevents panic and protects your reputation with lenders and clients.

Choose a Transfer Mechanism That Fits Your Structure

Your plan depends on how you own the company. If you hold shares in a corporation or membership units in an LLC, a buy-sell agreement can move your interest to co-owners at a pre-set price. For sole proprietors, a transfer-on-death designation on business accounts and a will that names a successor can bridge the gap. Many owners place interests into a revocable living trust so a successor trustee can act immediately without waiting for probate letters. Pick the method that matches your team, your tax goals, and your time horizon.

Muniment of Title as a Probate Shortcut

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

If an estate has a valid will and no unpaid debts, Texas offers a probate shortcut called a muniment of title. Instead of slogging through months of administration, you can transfer property in a matter of weeks. Learning the steps now saves court costs and relieves stress during a difficult time. Think of the muniment process as the express lane at the grocery store—but only if you have the right ingredients in your cart.

How a Muniment Works

The court admits the will as evidence of ownership without appointing an executor. Once the judge signs the order, heirs record it like a deed to retitle real estate or bank accounts. No inventories, bonds, or creditor notices are required, slashing red tape and eliminating repeated court appearances. You walk out of the courthouse with a certified order that functions like a universal key to unlock each asset.

Eligibility Checklist

You must possess the original will, show no outstanding unsecured debts, and file within four years of death. Mortgages and property taxes are allowed, but Medicaid reimbursement claims are not. If the decedent ever received nursing-home benefits, you must first obtain a clearance letter from Texas Health and Human Services. Failing any criterion forces a full probate, so review the checklist line by line before committing to the shortcut.

Filing in Travis, Harris, or Dallas Counties

Prepare an application, death certificate, and sworn affidavit stating why no administration is necessary. Attach a detailed list of assets and legal descriptions for real estate. After filing, schedule a brief prove-up hearing where you testify to the will’s authenticity and confirm the lack of debts. Most hearings last under ten minutes, and judges often sign orders on the spot if paperwork is clean. Bring extra copies for immediate certification—every trip saved is money in the family’s pocket.

Recording and Finalizing Transfers

Obtain certified copies of the order and file them with county clerks where properties sit. Financial institutions accept copies to retitle accounts, though some may request additional affidavits of heirship. Keep stamped receipts and tracking numbers in a folder to show heirs the chain of title is complete. Once recordings return, you can list the home for sale, refinance, or distribute proceeds without further court involvement.

Common Pitfalls to Avoid

Overlooking a small credit-card balance voids eligibility. Double-check debts, pay them, and retain zero-balance letters before filing. Out-of-state property still requires ancillary probate; a muniment covers Texas assets only. Attach full legal descriptions, including survey metes and bounds, to prevent recording rejections. Finally, ensure all heirs are notified—surprise challenges after the order can delay closings and erode trust.

Comparing a Muniment to a Small Estate Affidavit

Both shortcuts move property quickly, but a muniment requires a will, while a small-estate affidavit works only when no valid will exists and non-exempt assets total under $75,000. The small-estate route cannot transfer real estate other than the homestead, whereas a muniment can handle multiple properties across several Texas counties. If the estate value exceeds the affidavit limit or contains rental houses, the muniment usually wins.

Role of an Attorney

Texas law does not force you to hire counsel, yet judges expect precise language. An attorney drafts the application, affidavit, and proposed order with the exact statutory citations that courts demand. One typo can lead to rescheduled hearings and extra filing fees. Lawyers also run last-minute creditor searches, ensuring no overlooked debts derail the shortcut. Their fee is typically a flat rate, far lower than extended administration costs.

Post-Muniment Tasks You Should Not Skip

After recording, update homeowner’s insurance, change property-tax billing addresses, and notify homeowner associations of new ownership. If you plan to sell, order title insurance early; underwriters may request the same certified order you filed. For bank accounts, provide the order, a death certificate, and new signature cards. Close unused credit lines so fraudsters cannot exploit dormant numbers. Completing these tasks promptly ensures your shortcut does not stall in the final stretch.

When the Shortcut Saves the Most

Estates owning a single home and modest bank accounts benefit hugely. Families save on executor commissions, avoid months of waiting, and limit public exposure because fewer documents enter the record. Elderly surviving spouses often find emotional relief knowing the house title changes quickly, preventing disputes with distant relatives.

Skip the long road and move property efficiently. Call McCulloch & Miller, PLLC at (713) 903-7879 to see if a muniment of title can streamline your Texas estate today.

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Homestead Protections for Texans Looking at Probate Planning

Published on: July 22, 2025 | By David W. Miller

Your Texas homestead offers powerful shields against creditors and probate complications, but only if you understand the rules. Leveraging exemptions, transfer options, and property-tax advantages keeps your primary residence safe for heirs and maximizes wealth retention. Think of the homestead as the cornerstone of your estate plan—protect it well, and everything else becomes easier to manage.

Exemption Basics You Should Know

Texas protects up to ten urban acres or two hundred rural acres from most creditor claims during life and after death. The exemption applies to the surviving spouse and minor children automatically, easing the transition and blocking forced sales. Because the acreage cap applies to contiguous land, adding a vacant lot next door might break the shield; double-check boundaries before you buy. If you move temporarily for work or medical reasons, you can retain the exemption, but only if you intend to return—keep utility bills and driver-license addresses current as proof.

Adding Crypto and NFTs to Your Texas Will

Published on: July 17, 2025 | By McCulloch & Miller, PLLC

Bitcoin wallets and NFT collectibles now rival traditional investments. Ignoring them in your estate plan risks permanent loss because private keys die with you. Properly documenting access, valuation, and distribution ensures your digital wealth benefits those you love.

Inventory Every Digital Asset

List each exchange, hardware wallet, and decentralized app holding assets. Include token names, chain addresses, and approximate values. Update the list quarterly because crypto portfolios change rapidly. Store the inventory offline to guard against hacks.

Secure but Share Key Access

Never write private keys directly in your will, which becomes public after probate. Instead, place keys in an encrypted USB stored in a bank safe-deposit box. In the will, reference a memorandum directing the executor to the sealed envelope containing seed phrases. Multi-sig wallets allow partial key sharing, adding security layers that outlive you.

Handling Oil-and-Gas Mineral Interests in a Dallas Revocable Living Trust

Published on: July 14, 2025 | By David W. Miller

Dallas families often own mineral rights that pump royalties long after the original lease. Placing those interests into a revocable living trust avoids probate, streamlines management, and protects your heirs. Yet the process involves nuances absent from typical stock transfers. Addressing title, division orders, and ongoing production requires careful attention.

Verify Ownership and Locate Legal Descriptions

Pull the original mineral deed, lease, or royalty contract. Identify the legal description, net-revenue interest, and operator information. Title often fragments through generations, so confirm exact acreage and decimal ownership. Without accurate details, the trust transfer may fail, and operators will suspend payments.

Execute a Proper Mineral Conveyance

A standard assignment is not enough. Draft a mineral deed conveying your interests to the trust, complete with legal description, prior instrument references, and a grantor’s retained override, if any. Record the deed in the county where the property sits—frequently multiple counties if pooling occurs across county lines. Failure to record leaves royalties in limbo.