A transfer on death deed in Texas lets a property owner name a beneficiary to receive real estate automatically when the owner dies, without the property passing through probate. The owner keeps full ownership during life, can sell or mortgage the property, and can revoke the deed before death if they still have legal capacity. A transfer on death...
Continue ReadingThe main difference between a power of attorney and guardianship in Texas is that a power of attorney is created voluntarily by a person while they still have legal capacity, while guardianship is created by a court after a person is found incapacitated. A power of attorney is usually a planning tool. Guardianship is usually a court-supervised solution when...
Continue ReadingThe best way to avoid Medicaid estate recovery in Texas is to plan early, understand which assets are subject to recovery, use lawful nonprobate transfers where appropriate, and respond quickly if the state sends a Medicaid Estate Recovery Program notice after death. Texas Medicaid estate recovery, often called MERP, is not a penalty, but it can create serious problems...
Continue ReadingIf you don’t probate a will in Texas, the will may not legally transfer property, the named executor may not have authority to act, assets can remain stuck, and the estate may eventually be treated as if there was no will. In some small or simple estates, probate may not be worth pursuing, but ignoring a will can create...
Continue ReadingWilliamson County probate is the court process used to handle many estates for people who lived in Georgetown, Round Rock, Cedar Park, Leander, Hutto, Taylor, Liberty Hill, and other Williamson County communities. Probate may involve admitting a will, appointing an executor or administrator, determining heirs, issuing Letters Testamentary or Letters of Administration, and resolving estate-related issues. Not every estate...
Continue ReadingYou may be able to probate a will in Texas without a lawyer only in limited situations, usually when you are truly representing only yourself and are not asking to serve as executor for the estate. If you are applying for Letters Testamentary, Letters of Administration, a determination of heirship, or authority to act for an estate, many Texas...
Continue ReadingA small estate affidavit in Texas is a simplified probate procedure that may let heirs collect estate property without a full administration when someone dies without a will and the estate meets strict legal requirements. It can be faster and less expensive than a full probate case, but it is only available in limited situations. The phrase “small estate”...
Continue ReadingIn Texas, a will usually needs to be probated if you want to use it to transfer property, appoint an executor, or prove who has the legal right to manage the estate. A will by itself does not automatically move assets after someone dies. The court generally has to admit the will to probate before it can be used...
Continue ReadingTravis County probate is the court process used in Austin and the surrounding Travis County area to handle a deceased person’s estate, including admitting wills to probate, appointing executors or administrators, determining heirs, and overseeing certain estate disputes. If your loved one lived in Travis County, probate will often be filed through the Travis County probate system. Not every...
Continue ReadingProbate in Texas can cost a few hundred dollars in court filing fees for a simple case, but the total cost is often much higher once attorney fees, executor fees, court costs, bonds, appraisals, ad litem fees, publication, and title work are included. A straightforward uncontested probate may cost a few thousand dollars. A contested or complicated estate can...
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