Can I do an internet Will? Should I file my own LLC?

The internet is a great resource – but like any good thing, it can become a problem if used incorrectly. In the years that we have practiced we have come across unfortunate mistakes made from using internet wills and other online LLC filers. In many cases, undoing the problems caused by the internet will or the online LLC filer costs …

Descent and Distribution, Post #2: Probate and Affidavits of Heirship

What if there is no Will?  Is a probate in the County Court always necessary? We have discussed in prior blogs the results of people dying without a Will as it relates to both “Community Property” and “Separate Property.”  The reality is that many people pass away having never signed a Will.  As outlined in a prior post, the State …

Descent and Distribution Series, Post #1: Community Property

If you’ve been told before that “Texas is a community property state” and wondered what that referred to, this post is for you. Texas and 7 other states’ laws about inheritance and property rights derive from Spanish law, while the others derive from English Law (and Louisiana’s is from French law!).  That is significant because Spanish law considers property gained …

Estate Planning Series – Post #3: Does All Property Pass Under My Will? Probate v. Non-probate Assets

Not all property is automatically subject to the terms of your Will.  It can be made subject to it, but it is not automatic.  We call assets that pass according to your Will “Probate” assets, because they would come under a court’s jurisdiction should your Will ever be offered for probate. On the other hand, property or assets with designated …

Estate Planning Series – Post #2: What’s the Difference Between Community and Separate Property? Why Does it Matter?

Texas is a “community property” state because our inheritance laws are based on Spanish law, as are 7 other states. At least a century before there was equality between spouses, Texas law acknowledged marriage to be a partnership. That means that if you are married, there is a presumption that all of your property, assets, and income is community property and …