Many people misunderstand common-law marriage, and assume that living with someone for a certain amount of time makes them legally married. However, for a couple to actually be common law married requires specific legal criteria to be met, which can be difficult, expensive, and time-consuming. Many people don’t understand the legal nuances that separate it from traditional marriage. While common-law...
Continue ReadingWhen a person passes away, the surviving spouse has a right to claim a part of their estate. However, If another heir challenges your inheritance rights, the probate court may ask for legal proof of the marriage. If the marriage is “common-law” and not traditional, proving the marriage existed can be extremely expensive, difficult, and time consuming. Texas law recognizes...
Continue ReadingA will is a key estate planning document that instructs the court on managing your affairs after death. Unfortunately, the will is completely useless if you do not meet all the legal requirements and properly execute the document. Additionally, common mistakes can cause major issues, such as increased costs, legal disputes, and even accidental disinheritance. This blog explains what makes...
Continue ReadingGuardianship and power of attorney are two methods to handle the affairs of someone who cannot do so for themselves. Whether a disabling condition is temporary or permanent, both guardianship and power of attorney grant an individual the legal tools to make decisions for another person. When planning your estate, it is crucial to forecast a broad range of...
Continue ReadingEstate planning involves creating legal documents that provide instructions for your loved ones. Those documents become active after you die or if you cannot communicate your wishes. This article explores the estate planning services to expect when you work with an estate planning attorney, from creating a will to using trusts and similar assets and preparing for later life. ...
Continue ReadingMany believe creating a will is enough to plan for what happens before and after death. However, estate planning involves a broad range of tools and strategies designed to manage your property, finances, and healthcare decisions during your life and after. Understanding the difference between estate planning vs. a will—that a will is one component of a complete estate...
Continue ReadingTexas is one of only five states that offer ladybird deeds, a powerful estate planning tool. Included in this blog: So what is a ladybird deed, and why is it so special? A ladybird deed allows property owners to transfer ownership of their property to someone they select as a beneficiary upon their death. The deed bypasses the probate...
Continue ReadingProbate gets a bad rap, and for a good reason. There are deadlines to meet, fees to pay, and hearings to attend—all while trying to grieve the loss of your loved one. Navigating an unfamiliar legal proceeding is probably the last thing you want to do during such an emotionally charged time. Luckily, there are ways of avoiding probate...
Continue ReadingSeveral factors can complicate the estate planning process. Owning properties in multiple states is one example. Moving to a new state or splitting time between states is another. It’s essential to consider these factors when creating or updating an estate plan. Generally, a state court only has authority over property within its borders. Therefore if an estate consists of...
Continue ReadingThe probate process can be expensive and time-consuming, but don’t stress quite yet. Not all estates have to go through probate. So when is probate necessary in Texas? The short answer is, if someone dies leaving assets solely in their name, then you need to probate the estate. Is Probate Always Necessary? No. Probate is the legal process of...
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