|| Probate

Austin probate lawyer

Choosing an Austin probate lawyer

At the Law office of Farren Smith we are always mindful of the fact that individuals and families navigating the Texas probate system are enduring one of the most difficult and trying times in their lives: the loss of a loved one or family member. In Austin probate lawyerlight of this we strive to make the probate process as simple and as comfortable as possible for our clients. Austin probate lawyer Farren Smith combines an abiding professional interest in probate law with empathy and consideration in order to achieve the best possible outcome under the circumstances.

Although many probates are relatively routine procedures, as when the deceased left a properly drafted will, some probate procedures may be challenged by rival heirs (known as a “contested probate”) to an estate or are more complicated for other reasons. For example, individuals that pass without leaving a will sometimes need proceedings to declare heirship, which can require an attorney to do genealogy research under some circumstances. Regarding contested probates, many lawyers practicing probate do not handle contested cases and must refer them to other attorneys. Austin probate lawyer Farren Smith handles a range of probate issues including more complicated procedures as well as contested probates and other litigation involving decedent’s estates.

Common issues in Texas real estate law

Some of the most common issues presented by clients seeking a Cedar Park, Round Rock, Pflugerville, or Austin probate lawyer are listed below. Additionally, you will find a link to our Texas probate laws page to the right, where many of the statutes affecting Texas probate are listed.

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

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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

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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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Remainder Interests in Texas Real Estate

probate lawyer in austin tx

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...

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What is a Probate Estate in Texas?

probate lawyer in austin tx

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...

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Probating a Will in Texas

probate lawyer in austin tx

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 Smith for a consultation....

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Executory Interests in Texas Real Property

probate lawyer in austin tx

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 Smith for a consultation.

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Probate Without a Will

probate lawyer in austin tx

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...

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Probate of Lost Wills in Texas

probate lawyer in austin tx

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...

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What is Probate in Texas?

probate lawyer in austin tx

When a loved one passes away family members are often left with handling the person’s property and passing it on to others. The loved one may have left a Will, designating heirs to his property, which needs to be probated. Family members in Round Rock or Cedar Park may wonder, what is probate and how does the probate process work? It is important that you know what the probate process is under Texas law for probating the Will so...

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