Houston Estate Planning and Elder Law Attorney Blog

Selling a Homestead Through Houston Probate Without Evicting Family

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

Selling a Homestead Through Houston Probate Without Evicting Family

A homestead carries memories and legal protections. When the estate needs liquidity, you may have to sell the home—yet you still want to respect the surviving spouse or children who live there. In Houston probate, you can balance compassion and efficiency by planning the sale process around homestead rights, notices, and timing.

Understand Who May Stay and for How Long

Texas protects the surviving spouse and minor children with a right to occupy the homestead. That right exists even if the will leaves title to someone else. Eviction threats backfire and trigger court intervention. Start by confirming the residents’ rights and discussing a realistic timeline that honors those protections while meeting estate obligations.

Harris County Determination of Heirship When No Will Exists

Published on: September 16, 2025 | By Thomas W. McCulloch

Harris County Determination of Heirship When No Will Exists

When a loved one dies without a will, you still need a court order that identifies who inherits. In Harris County, a determination of heirship provides that clarity so banks, title companies, and buyers can act. The process can move efficiently if you prepare evidence, find disinterested witnesses, and file the right documents the first time.

Know What the Court Must Decide

Texas intestacy rules assign shares to spouses, children, and other relatives based on family structure. The judge will determine marital status, child relationships (including adopted and half-blood lines), and whether any children were born outside the marriage. Your job is to present facts that fit those rules. When the family tree is complicated, diagrams help everyone see the same picture.

Line Up Disinterested Witnesses

The court requires testimony from two witnesses who are not heirs and who knew the decedent’s family history. Choose neighbors, long-time friends, or clergy who can speak to marriages, children, and estrangements. Coach them on dates and names, but do not script answers. Honest, specific testimony builds credibility and speeds the hearing.

Untangling Decades-Old Deeds in Dallas Probate Court

Published on: September 13, 2025 | By David W. Miller

Untangling Decades-Old Deeds in Dallas Probate Court

Old deeds tell long stories. Names change, tracts split, and handwritten notes morph into title problems that confuse buyers and stall probate. When you inherit Dallas property with a paper trail that starts in the 1970s—or earlier—you need a plan to restore clarity. A careful chain-of-title project turns a mystery file into a marketable asset.

Build the Chain Before You List

Start by pulling every deed, deed of trust, release, and plat from the county records. Create a timeline from the earliest conveyance to today. Note mismatched legal descriptions, missing releases, and wild deeds recorded by unrelated names. If the property crossed county lines after a subdivision, check adjacent counties for companion filings. A complete chain prevents last-minute surprises when a title company asks hard questions.

Fix Legal Descriptions and Boundary Gaps

Older deeds may reference outdated surveys or ambiguous metes-and-bounds calls. Order a new survey and compare it against the oldest reliable plat. If a call describes “to the big oak, thence east,” you need modern bearings. Your surveyor can draft a correction that aligns recorded history with current ground truth. Then, file a correction deed executed by the proper grantors or their successors so future buyers do not inherit your headache.

Independent Administration in Dallas County

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

Independent Administration in Dallas County

Speed matters in probate. Vendors want payment, lenders ask for proof of authority, and heirs hope for clarity. In Dallas County, independent administration can compress the process from months to weeks, but only if the will gives you the right tools. By drafting and filing with precision, you unlock a faster track that reduces hearings and costs.

Why Independent Administration Saves Time

Independent administration lets an executor act without routine court permission. After the court admits the will and issues letters testamentary, you can sell assets, pay debts, and distribute property without filing motions for each step. That freedom reduces legal fees and eliminates backlog delays on crowded court dockets. When families cooperate, you move from uncertainty to resolution quickly.

The Crucial Phrases Your Will Should Include

A judge needs clear language to grant independence. The will should name an executor, waive bond, and request independent administration under the Texas Estates Code. Adding broad powers—to sell real estate, manage businesses, compromise claims, and invest—prevents you from returning to court for one-off approvals. If the will is silent, all distributees can still agree to independence, but obtaining those signatures can take time you may not have.

Handling Greenbelt and Watershed Restrictions During Austin Probate Sales

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

Handling Greenbelt and Watershed Restrictions During Austin Probate Sales

Selling estate property in Austin looks straightforward until greenbelt overlays and watershed rules enter the picture. Those layers can slow closings, shrink buyer pools, and surprise you with extra permits. When you prepare early, you cut weeks from the timeline and protect sale price. A calm, document-first approach turns a tricky property into a clean closing.

Start With a Targeted Document Sweep

You should begin by collecting everything that defines the land and its limits. Pull the deed with full legal description, any prior plats, HOA covenants, conservation easements, and the most recent survey. Add utility bills and septic records, which help buyers understand carrying costs and site constraints. If the property borders a creek or sits inside a critical water quality zone, print the relevant maps from the City of Austin and Travis County GIS portals and place them in your listing packet.

Understand Austin’s Watershed Layers

Austin divides land into urban, suburban, and water supply watersheds. Each bucket carries rules for impervious cover, buffers near streams, and water quality controls. In a suburban watershed, you may face steep-slope protections that reduce where a buyer can build an addition or garage. In a water supply watershed, a small increase in concrete can push a project over the limit. Knowing those caps lets you explain what is possible without guesswork, which builds trust with cautious buyers.

Estate Planning for Dallas Physicians—Guarding Against Malpractice Creditors

Published on: August 29, 2025 | By Thomas W. McCulloch

Estate Planning for Dallas Physicians—Guarding Against Malpractice Creditors

Your calling serves patients, but it also exposes wealth to risk. Even with strong insurance, a single claim, business dispute, or personal guarantee can threaten savings. A Dallas-ready estate plan builds layers of protection while keeping life simple for your family.

Start With the Protections Texas Already Gives You

Texas homestead laws shield your primary residence within acreage limits. Qualified retirement plans and many IRAs receive powerful statutory protection. Max out those vehicles, keep beneficiary forms current, and store statements where your spouse or executor can find them. Simple steps form a sturdy first line of defense.

Separate Your Professional and Personal Worlds

Operate through the right entity—a professional association (PA) or professional LLC (PLLC). Keep clean books, separate accounts, and minutes for major decisions. Sign contracts as an officer of the entity, not in your personal capacity, and avoid commingling. For investments, consider a limited partnership with an LLC as general partner to add charging-order protection and limit creditor leverage.

Buy Insurance Like a Realist, Not an Optimist

Carry malpractice limits that match your specialty’s risk. Add an umbrella policy for non-practice liability, and price tail coverage when changing jobs or retiring so past care remains covered. Insurance buys time for your asset structure to work and supplies defense dollars when emotions run high.

Title Assets With Purpose and Clarity

In a second marriage, use marital agreements to sort community from separate property. A community-property survivorship agreement can move certain accounts directly to your spouse, while a trust can preserve other assets for children. Avoid casual personal guarantees on practice loans; one signature can pull protected assets into a creditor’s reach.

Build Protective Trusts the Right Way

If you want to help family during life, consider irrevocable trusts that keep assets outside your estate yet accessible for them—such as a spousal lifetime access trust (SLAT) paired with life insurance in an irrevocable life-insurance trust (ILIT). Make gifts in ordinary times, not after a claim appears. Courts scrutinize timing; steady, well-documented planning carries credibility.

Safeguard the Practice and Income Stream

Create or update a buy-sell agreement with partners so a disability or death does not freeze distributions or voting. Fund that agreement with life and disability coverage to provide liquidity. Confirm that accounts receivable, equipment leases, and EHR contracts have succession language so billing and operations continue smoothly during transitions.

Prepare for Incapacity and Protect Privacy

Sign medical and financial powers of attorney so a trusted agent can manage accounts, apply for benefits, and authorize care if you cannot. Add explicit digital-asset permissions for EHR portals, billing software, and cloud storage. Inventory passwords and 2FA backups in a secure vault your agent can access. Speed matters when payroll and schedules depend on your systems.

Keep Your Plan Current

Review everything every two years or after major changes in compensation, insurance markets, or practice ownership. Update beneficiary forms, confirm entity filings with the Secretary of State, and refresh your list of accounts and policies. Small maintenance keeps the shield strong.

Put a durable, physician-smart plan around your family and your practice. To design a protection strategy that balances simplicity and strength, call McCulloch & Miller, PLLC at (713) 903-7879 and start building your safety net today.

Community Property Agreements for Second Marriages in Dallas

Published on: August 25, 2025 | By David W. Miller

Blended families carry both joy and complexity. You want to care for your new spouse and still honor promises to children from a prior marriage. Texas community-property rules add unique opportunities—and risks. A customized agreement brings clarity now and prevents conflict later.

Start by Labeling What Belongs Where

Property you owned before the wedding is separate property. Most income and assets earned afterward are community property unless you agree otherwise in writing. Use a partition and exchange agreement to classify assets on purpose. You can convert separate to community for tax efficiency or convert community to separate for creditor protection or inheritance goals. Writing it down removes guesswork and reduces courtroom drama.

Speed Some Transfers While Controlling Others

A community-property survivorship agreement passes selected assets directly to your spouse at death, skipping probate. That speed keeps bills paid and investments managed. For other assets—like a lake house or a brokerage account—you may prefer a trust that supports your spouse during life and then passes the remainder to your children. Different tools for different goals give everyone fair treatment.

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.