Is a Living Trust right for me?
When you own land in multiple states, your estate may have to go to probate in all of those states. A Living Trust can be the solution...
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Texas Probate Q&A
from Paul Premack, Probate and Estate Planning
New 2023 Texas Law: Can Felon be Executor?
If a person has been convicted of a felony, either in state court or federal court, that person is not qualified to serve as an Executor...
Which wins: Court Order or Affidavit of Facts?
After the Will is admitted to probate as Muniment of Title, a certified copy of the Court Order and Will should be obtained and filed.
How do kids get house when parents die?
The time frame of a person's death determines what law we need to apply. Your father died in the 1970's either without a Will or no action w
How does Divorce effect Estate Planning and Inheritance?
Texas Estates Code: any pay on death arrangement ends upon divorce, annulment, or voiding of the marriage.
Why is the bank telling me to get Letters Testamentary?
Dear Mr. Premack: My sister and I have a question about a bank account that belonged to our father, who died about two months ago. All of...
Probating Will Proves Property Ownership
One part of Probate is the process of "proving" that a Will is valid. Another part is distributing the assets to the intended heirs.
Q & A on Community Property Survivorship Agreements
Does having a Community Property Survivorship Agreement (CPSA) really avoid probate? Does it have to go before a Judge when one of us dies?
Handling Estate when all nominated Executors fail to qualify
The process is called “Appointment of an Administrator with the Will Annexed”. All provisions of the Will relating to distribution ...
Who gets Stock when Will was never probated?
If it is not admitted to probate by then, the law presumes that there was no Will at all which means that the resources pass by state law...
What happens when a traveler dies abroad?
The most important factor is where you lived, not the location of your death. Dying away from your home city raises practical considerations
What happens when a non-Texas resident dies with property in Texas?
Probate of a Foreign Will involves Texas probate of a Will from another nation or another US state when the decedent had property in Texas.
Can Mom’s house be transferred to her Sister?
When a person dies owning real property, several legal pre-planning documents impact establishing the identity of the new owners.
Wills are not Self-Enacting
1) Wills are not “self-enacting”, 2) there is a legal time limit during which you must take legal action
Will POD account be upheld against challenge?
Will POD account be upheld against challenge?
Can Executor do Probate without Lawyer?
Can Executor do Probate without Lawyer?
Home Equity Loan liability after Divorce and Death
Home Equity Loan liability after Divorce and Death
Can Wife’s Inheritance pass to Husband?
Can Wife’s Inheritance pass to Husband?
Don’t Emulate Plan-less Celebrities
Aretha Franklin died in 2018 in Michigan, with an estate that Forbes reports as about $80 million. Three papers have been filed in court. Tw
Transfer of house title before or after death
Transfer of house title before or after death
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