03 January

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Navigating Legal Partitions in Texas: Your Comprehensive Guide

in Probate, Real Estate Law, Wills & Trusts

Introduction: Legal partitions in Texas play a crucial role in property ownership, division, and rights. Understanding the intricacies of these partitions is vital for property owners, investors, and anyone involved in real estate transactions in the Texas. In this comprehensive guide, we'll delve into the legal aspects of partitions in Texas, offering insights and guidance to navigate this often complex terrain. Defining Legal Partitions in Texas: Legal partitions refer to the division or separation of real property among co-owners. This can involve physically dividing the property or assigning specific rights and interests to each party. In Texas, legal partitions are governed...

06 January

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Texas Medical Power of Attorney

Posted by Robert Newton

in Estate Planning, Probate, Wills & Trusts

A Texas Medical Power of Attorney is a document which is usually prepared by a Texas estate planning attorney as part of the estate planning process. The purpose of the Texas Medical Power of Attorney is for a person, known as the principal, to name an agent to make medical decisions on the person’s behalf if the principal is unable to make his/her own health care decisions. Texas estate planning attorneys typically provide the name, address, and phone number of the agent in the Texas Medical Power of Attorney. After all, the agent often needs to be notified of the principal’s...

04 January

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Texas Durable Power of Attorney

Posted by Robert Newton

in Estate Planning, Probate, Wills & Trusts

A Texas Durable Power of Attorney is an instrument that allows an agent to perform certain actions on behalf of another person, usually called the principal. A Texas Durable Power of Attorney is usually prepared in relation to a person’s broader estate planning, which includes a Last Will and Testament, Revocable Living Trust, Durable Power of Attorney, Medical Power of Attorney, Directive to Physicians, and other ancillary documents, all of which are usually prepared by a Texas estate planning attorney. However, the Texas Durable Power of Attorney may also be executed without the other documents. The Texas Durable Power of Attorney...

10 May

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What is a Partition?

Posted by Robert Newton

in Estate Planning, Litigation, Probate, Real Estate Law

In its simplest form, partition means a division of some object or idea. In everyday life, it probably most frequently refers to the division in a room, such as the sliding heavy curtains separating Sunday School classes at church. In a legal sense, though, it means the division of an interest. Although partition can apply to an interest in any asset, partitions typically arise in regards to real property. Further, courts review two primary types of partitions, a partition-by-sale and a partition-in-kind. As one might have figured, a partition-by-sale means that a court requires a sale of the property. A partition-in-kind...

13 April

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Help! I Owe Property Taxes on Inherited Property!

Posted by admin

in Foreclosures, Litigation, Probate, Real Estate Law, Wills & Trusts

From time-to-time, clients will contact me because they owe property taxes on property that they did not even know they owned. Almost always, my client’s ownership arises from an inheritance they did not even know existed. Sometimes, the decedent is a fairly distant relative. Sometimes, the decedent is an estranged parent. Sometimes, it was just property that was forgotten over the generations. To many, this may seem like a “first-world” problem, and, to some extent, it is. However, the tax bill is real, the lawsuit is real, and the resulting foreclosure is real. Unfortunately, the value of the property is...

22 November

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Estate Planning for Blended Families

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in Probate, Real Estate Law, Wills & Trusts

Blended families are a common occurrence in Frisco, Texas. However, meeting a spouse of a blended family that has their estate planning complete is rather rare. That is a problem because when a spouse dies without a will, and s/he has children from a prior relationship, the laws of the State of Texas are rather cruel to the surviving spouse. For instance, if a husband enters a marriage with two children, never signs a will after becoming remarried, and then dies, his children will own half of the house with their stepmother, as well as one-half of the personal community property...

21 July

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Transfer on Death Deeds

Posted by admin

in Probate, Real Estate Law, Wills & Trusts

In 2015, the Texas Legislature created a vital new estate planning tool, namely, the Transfer on Death Deed. The Transfer on Death Deed will serve an important role in future estate planning needs by lessening, and sometimes removing, the burden of probate. The Transfer on Death Deed is similar to an Enhanced Life Estate Deed, which is sometimes called a Lady Bird Deed. So, exactly what is a transfer on death deed? A transfer on death deed is an instrument that transfers interest in real property from the transferor to beneficiaries named within the deed upon the death of the transferor....

19 June

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Do I Need a New Will if I Move to a New State?

Posted by admin

in Probate, Wills & Trusts

Opportunity increasingly carries Americans to new destinations. Recently, a lot of folks from California and Ohio seem to be making their way to Frisco, Texas. Although many of these new and welcomed Texans make the move for employment related purposes, many are also retirees settling closer to their grandchildren. Whatever the purpose, estate planning attorneys are often asked, “Is my will and trust good in Texas?” Assuming that the will and trust were executed properly, a will and trust from another state will be valid in the new state. However, it’s not always the best route in a new state. For...

21 April

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What Happens to the House and Mortgage When Someone Dies?

Posted by admin

in Probate, Real Estate Law, Wills & Trusts

Attorneys handling estate planning and probate matters are often asked, “What happens to the house and mortgage when someone dies?” To answer that question, one must understand that almost all mortgages and deeds of trust contain a due on sale clause. A due on sale clause is a provision that bans the homeowner(s) from transferring any interest in a property. If a homeowner transfers an interest in the home, then the bank may cause the entire balance of the note to be due at once. If the note remains unpaid, then the lender may foreclose on the property. Obviously, that seems...

05 March

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Optional Provisions of Wills and Trusts

Posted by admin

in Probate, Wills & Trusts

Last Wills and Testaments and trusts are obviously separate instruments. However, they are often complementary to one another. One may choose a variety of different options regarding a will and trust. This post will focus on a few of the options that are more popular. 1. Contingent Trust – Wills distribute property upon the death of the testator. Trusts distribute property under the terms of the trust agreement. Oftentimes, though, a beneficiary of a distribution may be a minor. Alternatively, the beneficiary may be mentally incapable of minding the distribution. In these cases, clients may include a contingent trust. The contingent...

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