It happens all too frequently, a loved one has an accident, gets seriously ill, or is nearing the end of life and they and their families find it difficult to decide on whether to continue medical treatment and, if so, how much treatment is wanted and for how long. A useful legal document everyone should have is the Texas Medical Power of Attorney. In this article we will discuss what a Medical Power of Attorney can do in Texas and when and how it goes into effect to make health care decision-making easier. A probate attorney such as Austin probate lawyer Farren Sheehan can help with putting together a complete estate planning set of legal documents that includes a Will, Medical Power of Attorney and Statutory Durable Power of Attorney. The Importance Of A Medical Power Of Attorney Many factors can make medical decision-making complicated. Such factors include the patient’s…Read More
Many people in Texas go to a Texas attorney and have their Wills drafted because they want to control who will get their property when the die. However, sometimes people do not have Wills. If a person dies without a Will directing to whom their property passes, the person dies “intestate” and the laws of intestacy determine who gets the deceased’s property. The first question is whether the person died while married or single, and the laws of distribution are different depending on the status of survivors to the decedent. In this article we will discuss Texas laws regarding intestacy for a married person. To avoid intestacy, it is wise to contact a probate attorney such as Austin probate lawyer Farren Sheehan for help drafting a Will. What If The Person Did Not Have A Will If the person died in Texas without a Will, his property passes to his…Read More
In a previous article, we discussed future interests in real property, and more specifically, the type of future interest known as an executory interest. There are three basic types of future interests that can be created. There is another type of future interest created in a third party known as a remainder interest. This article gives a general overview of future interests in real property, and in particular, the type of future interest known as a remainder interest. If you have questions about Texas real estate or probate matters, contact Austin probate lawyer Farren Sheehan for a consultation. Types Of Future Interests A future interest in property does not entitle the owner to use or possess the property immediately, but will give the owner possession in the future. There are three types of future interests: Reversionary interests; Remainders; and Executory interests. A reversionary interest is a future interest kept by…Read More
When a loved one passes away leaving a Will, family members face the legal task of probating the Will. They use the probate process in Texas to wind up the affairs and transfer title and ownership of the decedent’s property among the beneficiaries in the Will. If the decedent owned different types of real and personal property, some of it may pass through the probate estate and some of it may be non-probate property. Family members in Pflugerville or Cedar Park may wonder, what is a probate estate and how is it distributed in the probate process? In this article we will give a basic definition of the probate estate and compare non-probate and exempt assets. If you need help probating a Texas Will, contact Austin probate lawyer Farren Sheehan for a consultation. Different Types Of Property The decedent can only pass through his Will and estate property that he…Read More
When a loved one passes away, the family members have what sometimes seems like an overwhelming task of winding up the affairs and trying to move forward. Many times probating the deceased’s Will is part of that process. In this article we will discuss generally how to probate a Will in Texas. If you have questions about how to probate a Will in the Austin and Pflugerville areas, contact Austin probate lawyer Farren Sheehan for a consultation. Probate Process In Texas As we have discussed in other articles, probate is essentially proving a Will in order to wind up the business affairs of a person who has passed away and distribute the estate. The probate process is handled in court. Usually family members hire a probate attorney to help them through the court process. The probate will generally occur in the county where the decedent lived. For example, if the…Read More
When leaving property in a Will, sometimes a person wants to give his property to a beneficiary at a later time, like after an event occurs. Executory interests are a type of future interest in property. A future interest in property does not entitle the owner to use or possess the property immediately, but will give the owner possession in the future. There are three basic types of future interests that can be created. In this article, we will give a general overview of future interests in real property, and in particular, one type of future interest known as an executory interest. Many times these future interests can be confusing, so if you have questions about Texas probate matters, contact Austin probate attorney Farren Sheehan for a consultation. Future Interests A future interest is a present interest in a protected future right, but is not an expectancy. There are three…Read More
Many people in Texas go to a Texas attorney and have their Wills drafted. A Will gives the person the ability to say to whom their property will go once they pass on. However, sometimes people do not have Wills. When a person dies without a Will, their property then passes to others by way of “intestacy”. In this article we will discuss how Texas probate works when there was not a Will. If you are dealing with probate issues, contact Austin probate lawyer Farren Sheehan for a consultation. Probate Process In Texas As we have discussed in other articles, probate is essentially the orderly process of winding up the business affairs of a person who has passed away. The probate process is handled in court and usually family members hire a probate attorney to help them through the court process. The probate will generally occur in the county where…Read More
It can be frustrating when your loved one (decedent) passes away and the family members cannot locate a Will that they know the decedent executed. You’ve searched in bank lock boxes, shoeboxes, filing cabinets, throughout the house, and even the storage building in Georgetown, and no one can locate the Will. As we discussed in previous articles, you have four years from the date of the decedent’s death to probate the Will. What do you do if you cannot find the Will? In this article we will discuss how to probate a lost Will in Texas. If you need help probating a Texas Will, contact Austin probate attorney Farren Sheehan for a consultation. Probate Process In Texas As we have discussed in other articles, probate is essentially the orderly process of winding up the business affairs of a person who has passed away. The probate process is handled in court.…Read More
In a recent article we discussed what the probate process is in Texas when a loved one (decedent) passes away. During probate, a court reviews the decedent’s Will, authenticates it and admits it to probate. In many cases, the court appoints an Executor or an Administrator to administer the estate, and issues Letters Testamentary or Letters of Administration to the Executor or Administrator empowering her to represent the estate. Sometimes the decedent has real property, perhaps in Pflugerville or Round Rock, which needs to be distributed. In this article we will discuss how real property is handled during the probate process in Texas as well as alternatives to probate for real property. If you have questions about real property in probate or need help probating a Texas Will, contact Austin probate lawyer Farren Sheehanfor an initial consultation. Definition Of Probate In Texas Probate is essentially the orderly process of winding…Read More
When a loved one passes away family members are consumed with immediate issues regarding the funeral and possibly caring for children and other dependents. If the decedent left a will designating heirs to his or her property, probating the will may initially be pushed to the back burner. It is important, however, that you know what the time limits are under Texas law for probating the will so you do not miss any important deadlines in handling the estate. In this article we will give a basic review of the time limit for probating a will in Texas. If you have questions about wills or need help probating a Texas will, contact Austin probate lawyer Farren Sheehan for an initial consultation. General Deadline For Probate Under Texas Law Is Four Years Texas law sets a definite time limit on probate of a will brought to court by interested parties. Under…Read More
