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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

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

When winding up business affairs of a person who has passed away, many people may be concerned about how long it will take to go through the probate process to probate a Will. There is a series of events that should take place to effectively probate a Will. In this article we will discuss the probate process and general timeframe for probating a Will. Austin probate lawyer Farren Sheehan can help answer questions and walk clients through the probate process in the Austin, Pflugerville, Cedar Park, and Round Rock areas. The Probate Process The probate process is handled in court. In Travis County, The Travis County Probate Court is the statutory probate court with jurisdiction to probate the Wills of deceased persons and declare the heirs of deceased persons who die without a Will. Officially, the probate process begins when a person files an Application for Probate of Will and…Read More