These days, protecting your information is more important than ever. Clients are often worried about the private information contained in a will becoming public knowledge when they go through probate. There are usually two areas for concern. The will itself. When a will is probated, the will is entered in its entirety into the court record and often times, into the deed records of the county for property transfers. That information is very pubic.
Many people come into our office and are adamant that they need a trust. They aren’t sure what kind of trust, or what exactly a trust does, but they know they need one. More and more, I find myself explaining to them that they don’t really need a trust. Often, they will spend more money and more time in upkeep of a trust over the years than it’s really worth.
What’s the difference between a Warranty Deed and a Quitclaim? I’ve also heard clients incorrectly call it a ‘Quickclaim Deed”. The main difference between the two types of deeds is what the seller guaranteeing, and what protection the buyer is receiving. A Warranty Deed contains a clause in the Deed that effectively warrants, or guarantees, that the Seller owns the land that they are selling. If it turns out
Is the Will I made years ago when I lived in another state still good? Can it be probated in Texas? With our mobile society these days, it’s not uncommon for people to move between states frequently. Years ago we saw a mass exodus from the northeastern states down to Florida and Arizona…for the sunshine and the lack of Estate Taxes in the southern states (in general). Over the past
“I Don’t Want to Go Through Probate!” I have clients come in quite often wanted to avoid the dreaded probate courts. What I tell them depends on what they are there to see me for. If a client comes to me wanting to get their estate plan in order to avoid probate for a number of reasons, we can talk. However, if a client wants to move someone else’s estate
Take that snapshot The holidays are here, roaring like a freight train upon us. I want to share one of the habits I’ve gotten into when I head home for the holidays. It goes like this… I like to walk into the main room of my grandmother’s home in West Texas on Christmas Day. In our family, the large Christmas meal is usually a dinner, because years of habit have ingrained that morning
It happens over and over again. A wife comes into my office after her husband has passed away and she wants to know how to get everything switched over to her name. She’s heard of Probate and an Executor but she really isn’t sure how the Probate process works. Maybe her husband’s name was on the car, and both their names were on the house. She just wants to keep
Estate Planning is important for everyone, but it’s crucial for Owners of small businesses. Most people are excited about starting their own business and getting their ideas off the paper and out into the market. They often forget to address worst case scenarios of a failure of the business, debts, or a falling out of the business partners. A proper Estate Plan addresses all those concerns and adds protection to
If any of you have had the pleasure of even slightly rubbing shoulders with the legal sphere, you may have noticed that judges love bonds, and that bonds seem to be everywhere in all kinds of legal issues. If you are unlucky or rambunctious enough to get the the cuffs slapped on you, you may know all about a criminal bond, or getting “bonded” out. If you’ve been appointed guardian looking
Can I create a trust for my pet? Under Texas law, Property Code Section 112.037, you can have a Trust created for the benefit of your pet, whether that’s your beloved Husky or Siamese cat. You name someone you trust who will take care of the pets and receive a certain amount of income from your trust on a monthly or annual basis. The person designated will look after and