When someone creates a will, they usually name an executor to carry out their final wishes. The executor manages the estate, pays debts, and distributes property after death. Yet, circumstances can change, leading many people to wonder what happens if the executor of a will dies, either before or after the will takes effect. The answer depends largely on...
Continue ReadingHave you ever asked yourself, Do I need an estate plan? If so, you are not alone. Many people hear “estate plan” and imagine something vague and inaccessible. But an estate plan lets you prepare yourself and your loved ones for what to do if you become medically incompetent and when you die. Without a plan, your loved ones...
Continue ReadingNo one wants to leave their family sorting through paperwork and probate court filings when they should be remembering you. Fortunately, in Texas, creating a clear will doesn’t have to be expensive or feel like an ordeal. So, how much does it cost for a will in the Lone Star State? The price depends on your goals, assets, and...
Continue ReadingWhen someone dies, the clock starts ticking. Texas law gives an executor four years from the date of death to file the will for probate. But what if that doesn’t happen? What if the executor does not probate the will, either intentionally or by neglect? The answer can shape what happens to property, debts, and family peace for years....
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 ReadingA last will and testament is a foundational estate planning document. In a will, you can lay out how you want your assets distributed upon your death. You also name an executor who will oversee your estate. While this concept is straightforward in principle, there are many factors to consider when drafting a will. Most importantly, you need to...
Continue ReadingWhen someone writes a will, their main goal is simple: To make sure their property goes to the right people. However, ensuring that goal becomes a reality in Texas requires understanding how to identify a primary beneficiary vs. a contingent beneficiary and how they work together. Without clear designations, assets can fall into probate or be distributed according to...
Continue ReadingWhen a person dies in Texas, their estate must be settled and distributed among their heirs. An estate is just a fancy word for describing all the things that a person owns, including their cash and investments. When lawyers talk about “probating” an estate, they simply mean settling the estate against any outstanding debts and liabilities. Whether a person...
Continue ReadingLosing a loved one is never easy, and grief is the first and most important part of the process. However, handling that loved one’s estate to honor their wishes is usually not far behind. This process, called probate, can feel overwhelming, but understanding how it works can make it easier to manage. At Massingill, we make the probate process...
Continue ReadingOne of the most important roles in a trust is the grantor. Yet, many wonder, What is a grantor and what rights do they have in trusts? A trust’s grantor creates the trust and establishes terms defining how it will work. The grantor decides who should benefit from the trust by naming one or more beneficiaries, and also selects...
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