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
In order for a will to be admitted to probate in Texas, it must meet the requirements for a valid will and sufficient proof of these elements must be made to the probate court. Individuals in the Austin area seeking to have a will admitted to probate should contact an Austin probate lawyer to guide them through this process more easily. Elements Of A Valid Will In order to be valid, under Texas Probate CodeRead More
Texas Probate law states that a probate court may grant what is termed a “family allowance” to the immediate family members of the deceased. The purpose of the family allowance is to provide support for a deceased person’s family members for a period of one year after the death of the deceased person, whom is also frequently referred to as the “decedent.” Texas Probate CodeRead More
Sometimes people die without having made a Will. A Will is a legal document, usually drafted by a Texas attorney, that states who will get the person’s property when he dies. If the person did not plan and prepare a Will, the person dies “intestate” and the Texas laws of intestacy determine who gets the deceased’s property. The Texas intestacy laws can get complicated, and are different for people who die married or single. In a previous article we discussed the Texas laws regarding intestacy for a married person. In this article we will discuss the intestacy scenarios for a single 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 heirs under…Read More
Property is often owned by two or more people simultaneously. This is referred to as a concurrent estate. Two of the most common forms of concurrent estates in Texas are joint tenancies and tenancies in common. These concurrent estates are similar, but have key distinctions which can have significant effects when it comes to issues of inheritance. This article will briefly explore these types of concurrent estates. If you have any questions regarding co-ownership of property in Austin, Round Rock, or Pflugerville, contract the real estate and probate attorneys at the Law Office of Farren Sheehan for a consultation. Law Office of Farren Sheehan for a consultation. Tenancies In Common In Texas The default form of co-ownership in Texas is a tenancy in common. A tenancy in common occurs when two or more parties jointly hold an interest in property. These co-owners hold an undivided interest and right to possess…Read More
Just as a home mortgage lender keeps an interest in a home in order to secure payment on the mortgage, the law provides a method for contractors and subcontractors to keep an interest, or a mechanic’s lien, in the property they build or improve in order to secure payment for their services and materials. If the owner of the property fails to pay the debt, the contractor or subcontractor may then enforce this lien by obtaining a court judgment ordering foreclosure and sale of the property to pay the debt. By following the procedures to perfect this lien, or to give notice to other creditors of the lien, a contractor or subcontractor may also have preference under the law in the event of foreclosure on the property by other creditors, or in bankruptcy. Individuals seeking information on mechanic’s liens should contact a Cedar Park, Round Rock, Pflugerville, or Austin real…Read More
Texas law provides that parents are the natural guardians of their children in most instances. However, if the parents die, or if a minor child inherits property, legal action may need to be taken to protect and provide for the children and their assets. In this article we will discuss guardianships for minor heirs. Austin probate lawyer Farren Sheehan can help prepare an estate plan and assist the family with common issues encountered when caring for children, such as guardianships and estate planning. Guardianships Generally A guardianship is a relationship established by a court of law. The relationship is between the person who needs help (ward) and the court-appointed person or entity acting on the ward’s behalf (guardian). Guardianships are court-supervised legal proceedings. For guardianship of a minor in Texas, the court designates a person to make decisions for the child or incapacitated individual and oversees the actions. Guardianships can…Read More
After over a decade of providing the Austin area with expert real estate and estate planning legal services, The Law Office of Farren Smith is changing its name to Sheehan Law, PLLC. While the sign outside our office might be changing, we will continue to offer our clients comprehensive, compassionate, and efficient legal assistance, whether they have a real estate issue, an estate planning need, or a civil lawsuit issue. What Is Changing At Sheehan Law, PLLC? The main change is a large but simple one. As mentioned, The Law Office of Farren Smith is now Sheehan Law, PLLC. Along with this name change are three other related and notable changes: Our logo is changing. It only made sense to revamp and update our logo, which includes our new name. We hope that our new logo captures the heart and spirit of our law office while helping to illustrate its…Read More
Many people in Texas don’t have a Will. However, 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. As we will discuss in this article, it is especially important to have a Will if the person the testator wishes to leave his or her property to is a common law spouse or same sex partner. In this article we will discuss Texas laws and the dangers of dying without a Will for same sex and non-married couples. To avoid intestacy, it is wise to contact a probate attorney such as Austin probate lawyer Farren Sheehan for help drafting a Will. Intestate Succession If a person dies in Texas without a Will, his property passes to his heirs under Texas law. This is known as intestate succession. Without a Will, the estate…Read More
