Austin

Real Estate Law
Whether you live in Austin, Round Rock, Pflugerville or Cedar Park, we are able to accommodate your needs for real estate legal services. We provide comprehensive, efficient work product in a timely manner no matter how routine or complex your matter may be.Read More

Need an

Austin Probate Lawyer?
If you have recently lost a loved one and need to navigate the probate process, the Law Office of Farren Smith will strive to make this difficult time as simple and comfortable as possible.Read More

Civil Lawsuits

in Austin
The Law Office of Farren Smith will handle your lawsuit with the same drive, persistence, and commitment to excellence as if we were in your position.Read More

Making Your

Estate Plan
The Law Office of Farren Smith services estate planning clients throughout Austin, Round Rock, Pflugerville, and Cedar Park. Let us help you protect the culmination of a lifetime of planning, saving and hard work.Read More

Welcome

The Law Office of Farren Smith is an Austin-area law practice offering services in wills and estate planning, probate, real estate, and civil litigation matters. Our approach is simple: we seek to provide consistent professional excellence with a constant focus on achieving our clients’ goals in the most efficient way possible. The cases entrusted to us receive the personal attention that only a small firm can provide, and we measure our success by the results we deliver to our clients. We maintain open communication with our clients and high ethical standards throughout the entire process.

This website exists in part as an ongoing effort to provide people in Austin, Pflugerville, Round Rock, and the rest of Texas with the information necessary to become more informed consumers of legal services. We encourage you to use the resources available here and contact us for an initial consultation when you are ready to proceed.


|| Recent Articles


Undue Influence When Making A Will

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A Will is an important legal document that designates who will receive property of a testator when he dies. A Will enables property to pass to others with minimal court involvement. Under Texas law there are certain legal requirements that must be met when executing the Will. One important requirement is that the testator freely made and signed his Will without being coerced or unduly influenced by another person. Undue influence is a ground for denial of probate of a Will, which may arise after the testator’s death when a person challenges a Will in a Will contest. In this article we will discuss what undue influence is under Texas law. With the help of a probate attorney such as Austin probate lawyer Farren Smith,...

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Testamentary Capacity For Making a Will

probate lawyer in austin tx

A Will is a valuable legal document that designates who will receive property of a testator when he dies. Under Texas law, an adult may draft a Will at any time, as long as he meets the legal requirements when executing the Will. One important requirement is that the testator was of sound mind (or had testamentary capacity) when signing his Will. This issue usually comes up after the testator’s death when a person challenges a Will in a Will contest. In this article we will discuss what is needed for testamentary capacity under Texas law. When obtaining the advice of a probate attorney such as Austin probate lawyer Farren Smith in drafting a Will, a probate lawyer can ask questions and make sure that testamentary...

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Pitfalls of Drafting Your Own Will

probate lawyer in austin tx

Many people make plans for what they wish to happen when they die. A key legal document in a good estate plan is a legally executed Will. A Will designates who will receive the property in the estate upon a loved one’s passing. There are many options available when drafting a Will. In this article we will give some tips on drafting Wills. It is always a good idea to hire a probate attorney such as Austin probate lawyer Farren Smith for help drafting a Will.

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Retaliatory Eviction in Texas

Real estate lawyers in austin tx

Unfortunately, tenants and landlords do not always get along. Disputes often arise over rent, repairs, and the general conditions of the leased property. Occasionally, tenants may be unlikely to report legitimate violations of housing and health codes or request necessary repairs from their landlords for fear that their landlord may retaliate against them and put their living situation in jeopardy. To protect tenants in these situations Texas has passed an Anti-Retaliation Statute. This article will provide an overview of the statute and the rights and protections it provides tenants and landlords. If you have questions regarding retaliatory eviction contact the real estate attorneys at the Law Office of Farren Smith for a consultation.

Retaliatory Eviction...

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Beware! Your Spouse May Not Get Everything When You Die Without a Will in Texas

probate lawyer in austin tx

Many people assume that when a married person dies the surviving spouse gets everything. In Texas, that may not always be the case. If a married person dies without having made a Will, directing to whom their property passes, the person dies “intestate”. The Texas laws of intestacy determine who gets the deceased’s property, which may be different than how the property would pass if the person were alive to say so. In this article we will discuss Texas laws regarding intestacy for a married person. To make sure your property passes to those you want and avoid intestacy, it is wise to contact a probate attorney such as Austin probate lawyer Farren Smith for help drafting a Will.

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Dying Without a Will in Texas While Single

probate lawyer in austin tx

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 Smith for help drafting a Will.

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Joint Tenancies and Tenancies in Common in Texas

Real estate and probate lawyers in austin tx

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 Smith for a consultation.

Tenancies in Common in Texas

The default form of co-ownership in...

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Dying Without a Will in Texas

probate lawyer in austin tx

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 Smith for help drafting a...

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Restraints on Alienation in Texas

It is a longstanding and well recognized concept that the owner of property is free to dispose of or transfer that property as they see fit. Occasionally, however, the transferor of property may attempt to place restrictions on a buyer’s future ability to sell or transfer that property. This article will briefly examine such restrictions on alienability and the validity of these restrictions in property transactions in Texas. If you are involved in a transfer of property involving a restraint on alienation in the Austin, Round Rock, or Pflugerville area, contact the real estate and probate attorneys at the Law Office of Farren Smith for an initial consultation.

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Rights and Duties of Co-owners in Texas Real Estate

Property is often owned by more than one individual. Texas recognizes a variety of forms of co-ownership. Co-owners of property possess certain rights and owe their fellow owners certain duties that would not exist if there was a sole owner of the property. This article will briefly explore these rights and duties. If you are having a legal issue related to the co-ownership of property in the Austin, Round Rock, or Pflugerville area contact the real estate attorneys at the Law Office of Farren Smith.

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