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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

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