Probate

What is an Affidavit of Heirship?

April 23, 2014

When someone dies owning real estate, that property cannot be sold or transferred until the dededent’s name is removed from the title. Probate records become a link in the chain of title, demonstrating that the decedent’s property has passed to someone else. But in cases where the decedent’s only asset is real estate, and there […]

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What is a Lady Bird Deed?

March 17, 2014

A “Lady Bird Deed” is another name for an enhanced life estate deed, which allows a property owner to transfer property at death without the necessity of probate. It is nicknamed “Lady Bird” because many people think that President Lyndon B. Johnson conveyed some land to his wife using this type of deed, although there […]

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What To Do When Someone Dies In Texas

March 5, 2014

I get phone calls and emails each week from people who are grieving the death of a family member. They’re often confused and overwhelmed about what to do next. The Texas Young Lawyers Association has an informative guide about probate, which answers many questions about just that. The first section of the guide explains the […]

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Who is Qualified to Serve as
Executor or Administrator of an Estate?

January 22, 2014

Section 304.003 of the Texas Estates Code identifies persons who are disqualified from serving as Executor or Administrator of an estate. This Section provides that a person is not qualified to serve if he or she is: (1) incapacitated; (2) a felon, unless he or she has been pardoned or has had his or her […]

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Can a Non-Resident Serve as Executor of My Estate?

January 15, 2014

Ideally, we would all live near our loved ones. However, the reality of our global economy is that family members often live in another part of the country. As a result, the people you’d trust most to manage your final affairs may not live in Texas, where you live. This is a problem many of […]

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How Do I Settle the Estate of a
Person Who Dies Without a Will in Texas?

December 4, 2013

There are several methods of settling an estate of someone who dies without a valid will in Texas: Small Estate Affidavit A small estate affidavit can be used when the value of a decedent’s estate is $50,000 or less, not counting the value of a homestead and other exempt property, and the total assets exceed […]

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