Probate

Do I Need an Attorney to Probate a Will in Texas?

December 17, 2014

I get phone calls and emails each week from Texans who have lost friends and family members. Often, they have been named as independent executors and need information about probating a Will. The first question they ask is whether it will be necessary to retain an attorney to go through the probate process. In most cases, the answer is: “Yes.” […]

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Can The Beneficiary Of My Estate Also Be My Executor?

September 10, 2014

I’ve received several emails the past few weeks asking whether it is possible for a beneficiary of an estate to also serve as executor. Naming someone as the executor of your estate does not preclude him or her from inheriting from you. In fact, the executor can and often is a beneficiary of the estate. […]

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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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