Setting up a living trust is often a highly efficient method of maintaining control over your assets while preparing to pass them on to descendants. However, you must take steps to prepare your assets for the trust. Transferring ownership of your property to your trust is one such step. Ensuring that a trust officially owns all the assets you...
Continue ReadingWhen someone passes away, the executor is in charge of handling the decedent’s estate. From finding assets to paying taxes to distributing real estate, the executor has a lot to do. Let’s walk through the different responsibilities of an executor of an estate. If you have questions, please contact the Austin estate planning attorneys at Massingill today online or call us at 512-601-6741...
Continue ReadingBeing the executor of an estate is a massive responsibility. Executors must satisfy all the legal hurdles of the probate court and ensure that heirs and beneficiaries get the property they are entitled to. Unfortunately, many legal requirements of probating a will can be challenging for executors to satisfy. One of the first legal hurdles is obtaining letters testamentary....
Continue ReadingA properly formed and executed estate plan can ensure loved ones benefit from all a decedent’s property once they pass. Unfortunately, not everyone can perfectly manage their assets and make the proper arrangements to pass them on with little effort. Sometimes, valuable property can fall through the cracks. During the probate process, the families of the deceased might not...
Continue ReadingWhen a loved one dies without a will, distributing their estate can add even more hardship to a grieving family. In most cases, the decedent’s estate will go through a probate process involving lengthy delays and court oversight. Fortunately, there are some methods heirs can use to receive the decedent’s property without going through probate. A Texas affidavit of...
Continue ReadingThe Texas Estates Code sets out a process for overseeing the distribution of an estate’s assets. Intestate estates (those where the decedent left no will), and an estate with assets that are not exempt, must go through probate. Though the process is relatively straightforward, several issues that might interrupt the distribution of the estate to heirs can arise. From...
Continue ReadingProbate can be a long, complicated process. Between the filings, deadlines, and court hearings, people often ask, Do I need a lawyer for probate? In most cases, the answer is yes. However, even when a probate attorney isn’t required by law, their services are invaluable and can often save you time and money when probating an estate. What Is...
Continue ReadingThere may come a time when a person loses the ability to communicate his or her health care decisions. Whether the person loses capacity as a result of an accident, disease, or old age, it can be a difficult time for everyone involved. To ease the emotional stress of these types of situations, Texans should consider completing a medical...
Continue ReadingWhen someone dies, their assets are usually divided into two legal categories: probate and non-probate assets. But what are probate assets? And what does it mean when something is categorized as non-probate? Whether an asset is considered probate or non-probate property will determine how it will be distributed after a person’s death. In this post, the Austin probate attorneys...
Continue ReadingWorries about the costs of estate planning are normal. Unfortunately, these worries often lead to prolonged procrastination. Many Americans let their concerns about costs stop them from formulating an estate plan. In fact, less than half of Americans have a will. Without a will, you are putting your estate and your loved ones in a bad position once you...
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