|| 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.

Medicare and Medicaid for the Elderly

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Medicare and Medicaid are both Federal government programs but many people confuse the two. Each program serves a different purpose. Medicare is a health insurance program that serves primarily the elderly (over 65), younger disabled patients and those on dialysis, regardless of income. In contrast, Medicaid is a broad-ranging program to assist people without the income and resources to pay for the costs of health care. In this article we will discuss the basics of...

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Guardianships for Minor Heirs

probate lawyer in austin tx

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 Smith can help prepare an estate plan and assist the family with common issues encountered when caring for children, such as guardianships and estate planning.

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Texas Medical Powers Of Attorney

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It happens all too frequently, a loved one has an accident, gets seriously ill, or is nearing the end of life and they and their families find it difficult to decide on whether to continue medical treatment and, if so, how much treatment is wanted and for how long. A useful legal document everyone should have is the Texas Medical Power of Attorney. In this article we will discuss what a Medical Power of Attorney can do in Texas and when and how it goes into effect to make health care decision-making easier. A probate attorney such as Austin probate lawyer Farren Smith can help with putting together a complete estate planning set of legal documents that includes a Will, Medical Power of Attorney and Statutory Durable Power of...

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Caring for Elderly Parents

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Statistics from recent reports show that the population age 65 and older has increased by 80% between 1975 and 2010. Those over 85 have tripled in that span of time. It is estimated that by 2050, one-fifth of the U.S. population will be age 65 and older, a 12% increase from 2000. With an increasing older population come legal and social issues affecting the elderly, their children, and close family members. In this article we will discuss various legal issues that affect the elderly. Austin probate lawyer Farren Smith can help prepare an estate plan and assist the family with common issues encountered when caring for elderly parents, such as guardianships and long-term care planning.

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Testamentary Capacity For Making a Will

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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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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

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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 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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Remainder Interests in Texas Real Estate

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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?

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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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