Houston Estate Planning and Elder Law Attorney Blog

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.

When Heirs Disagree in Harris County: Choosing Independent vs. Dependent Administration

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

When Heirs Disagree in Harris County: Choosing Independent vs. Dependent Administration

Arguments among heirs slow probate, inflate costs, and strain relationships. Harris County judges offer two paths to finish the job: independent administration and dependent administration. Each path balances speed and oversight differently. If you choose wisely, you keep the estate on schedule while protecting everyone’s rights.

Understand What “Independent” Really Means

Independent administration lets the executor act without asking the court for permission at every turn. After the will is admitted and letters issue, you can list property, pay debts, and settle claims. You still owe duties—notice to creditors, an inventory (or affidavit in lieu), and proper distributions—but you avoid motion practice for routine sales or payments. When heirs cooperate, this route saves months.

Ancillary Probate From Austin for Property in New Mexico or Colorado

Published on: September 28, 2025 | By Thomas W. McCulloch

Ancillary Probate From Austin for Property in New Mexico or Colorado

When a Texas resident dies owning land in New Mexico or Colorado, a Travis County probate alone will not transfer those deeds. Real estate follows the law of the state where it sits. You need ancillary proceedings in the other state so title companies will insure the transfer. With the right documents and a coordinated plan, you can handle both courts without wasting months.

Begin With a Texas Domiciliary Probate

Open the main probate in Travis County first. Ask the court to admit the will, appoint the executor, and issue letters testamentary. Keep certified copies of the will, the order admitting the will, and your letters. Those documents form the foundation for what you will file in Santa Fe, Albuquerque, Denver, or whichever county holds the land records.

Collect County-Specific Deed and Tax Details

Pull full legal descriptions from the New Mexico or Colorado deeds—township, range, section, or metes and bounds. Print current tax statements and check for HOA dues or special assessments. Title and treasurer offices in those states rely on exact legal language; a missing call or incorrect section number can stall recording for weeks.

Navigating Austin’s Heritage Tree Rules During a Probate Sale

Published on: September 25, 2025 | By Thomas W. McCulloch

Selling an Austin home through probate gets trickier when large, protected trees stand on the lot. Austin’s Heritage Tree rules affect what you can trim, remove, or build around, and buyers care about that. If you understand the process, you keep deals on track, avoid fines, and protect sale price. With a little prep, you can present the property as both compliant and attractive.

Start With a Professional Tree Survey

You should order a tree survey from a certified arborist or reputable surveyor before you list. Ask for species, trunk diameters, canopy spread, and the critical root zone (CRZ) for every regulated tree. In Austin, trees at or above certain trunk sizes trigger protection; the biggest ones may qualify as “Heritage” trees. A clean map of trunks and drip lines helps buyers understand where additions, driveways, or pool plans might fit without hurting roots.

Learn the Basics of Permits and Protected Zones

Austin restricts pruning and removal for regulated and Heritage trees. Cutting into the CRZ or planning a driveway over major roots can require a permit and mitigation. You also face limits on how much canopy you can remove. Share a one-page summary with buyers that lists which trees fall under the rules, the likely permit path if they want changes, and any recent approvals tied to the property. That quick education replaces worry with facts.

Use an Arborist Report to Calm Appraisal Jitters

Lenders and appraisers often worry about deferred maintenance or storm damage. An arborist can recommend deadwood removal, cable supports, or soil remediation that improves safety and curb appeal. Complete straightforward work before photos and show receipts. You present a home that looks cared for and compliant, which boosts confidence and keeps underwriting simple.

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.