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Since 2006, Texas has allowed pet trusts in a person's last will and testament. What Will is complete without a provision protecting our most cherished companions? The alternative may be the pound for a cherished pet. |
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Frequently Asked Legal Questions
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Probably the most common complicating issue in probate is intestacy. Intestacy is never a good situation. Literally, the deceased did not prepare a Will and has left the survivors to deal with the situation without any instructions. Statistics provide that from 70 to 80 percent of all people who need a Will, do not have one. But, in the case of intestacy, the State of Texas has thoughtfully written a Will for you. Hope you like it! |
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News from Darron Powell, PLLC
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Why would anyone ever probate a will in Texas as a muniment of title? A muniment of title proceeding in Texas probate is an application to present a will of the decedent to the Probate Court and have it admitted as valid for the purpose of transferring title to property. There is no administration proceeding associated with the probate of a muniment of title and there can be no unpaid debts in the estate other than mortgages. Once the will is admitted, the order and the will are filed in the county clerks records to provide title to real property. A friend of mine called me the other day and had just had emergency surgery. He asked me to cover his hearing on a muniment of title application in Probate Court. Since I never seek muniment of title when probating a will based upon my experience, I asked him why he filed an application to have a will admitted to probate as a muniment of title. He claimed it was the best procedure since the estate needed no administration. Well, it's true that many courts in Texas hold that a muniment of title proceeding is a quick and cost-effective means to probate a will and provide continuity to the chain of title of real property where no administration is necessary and no unpaid debts of the estate exist. However, in my experience it has never been quicker or less costly than an application to probate a will and seek a grant of letters testamentary. It just never works out that way. In addition, too many times after I had sought a muniment of title proceeding, unanticipated assets have appeared that needed an administration in order to transfer from the decedant. But, the court's jurisdiction terminates once the muniment of title has become final which creates more costs and more proceedings when those unanticipated assets appear. |
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Frequently Asked Legal Questions
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What do you do when a loved one dies with no Will?
What if Mom dies with a Will but the kids begin to argue about it?
What if Dad had a Will but it wasn’t probated?
Probate. Not a word you hear often but if this ever happens to you… you’ll hear it a lot. Let me help make it easier on you and your family when a death occurs. I’ll help guide you through the probate process when the need arises. Listen, it’s hard enough dealing with the death of a loved one. Don’t let a missing will or no will split up your family. Call me, Darron Powell. But really! To answer the question--it is nearly impossible to undertake a probate proceeding in court without the assistance of an attorney. A pro se applicant is vulnerable to very complicated proceedings that are full of pitfalls and absolute bars. It would be best to engage an attorney practised in probate in such a situation who understands probate proceedings. |
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Frequently Asked Legal Questions
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Maybe! Trusts are useful and common tools for estate planning. Many times people think they need a trust because they fear the overburdening "probate" costs. In Texas, the cost of probate is rather modest--not at all like the myths you hear of losing 50 percent to attorneys and courts. The cost of the probate process in Texas is seldom a reason to use a trust rather than a will for estate planning for most middle class people. Individual reasons for placing property in trusts rather than disposing of it through a Will often include: the desire for privacy, the desire to have your property managed for you while alive, the need to avoid "contested will" litigation upon death, and many, many more. Only a consultation with an estate planning attorney will serve to determine if you personally need a trust. |
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