Probate can be a long, complicated process. Between the filings, deadlines, and court hearings, people often ask, Do I need an attorney 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 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...
Continue ReadingAfter a person dies, their estate must go through an official legal process before it is distributed to beneficiaries. This process ensures that the estate pays its debts and gets distributed according to the decedent’s wishes if they left a will or state law if they did not leave a will. This process is called probate. However, not all...
Continue ReadingWriting a will can provide many benefits to our families once we pass on. A will can prevent conflict between family members, clearly explain how property is to be distributed, and reduce our family’s costs in probate court. Any one of these goals makes the initial effort well worth it. Unfortunately, less than half of Americans have a written...
Continue ReadingMaking a will is often a sensitive subject. Will your beneficiaries be pleased with your bequests, or will they be disappointed with how you have chosen to distribute your assets? If you are worried that disappointed or disgruntled beneficiaries might try to contest your will, you might consider including a no-contest clause in your will in Texas. What is...
Continue ReadingBefore hiring the most experienced or the cheapest lawyer, it’s important to know what questions to ask an estate planning attorney. Estate planning involves discussing important and personal topics like your family, finances, and goals. When choosing an estate planning attorney, you want to be comfortable and confident with the person you choose. It’s likely that the attorney will...
Continue ReadingIf estate planning is on your to-do list, you might be wondering if writing a will is enough. Your will, however, is just one portion of estate planning. In this blog, we explain the differences between estate planning vs. writing a will and describe the different documents that make up an estate plan. What Is Estate Planning? Estate planning...
Continue ReadingNot all states recognize handwritten wills—also known as holographic wills—as valid. Every state has its own rules, so a will can be valid in one place but not another. Handwritten wills in Texas are not only valid but just as effective as a typed will. That being said, a handwritten will is not the most reliable way to transfer...
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...
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