Estate planning lawyers help their clients plan for what will happen to their property and assets after they die. This includes creating wills and trusts and ensuring that all of the client’s financial affairs are in order. Estate attorneys also help implement their clients’ decisions about who will inherit their property and how much they …
When a person dies, their estate often must go through probate, which is the legal process of distributing their assets. Multiple parties are typically involved in these proceedings, including: Each party has different rights and responsibilities in an estate, and it is important to understand these roles before moving forward with any legal action. Who …
Florida Probate Code Section 733.814 allows the personal representative or a beneficiary of an estate to initiate a “partition action” to split property between beneficiaries. It reads as follows: “When two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court before …
A Lady Bird Deed, also known as an enhanced life estate, is a type of real property interest. It grants ownership rights to one person ( the “life tenant”) during their lifetime and confers a future interest in the property to another person (the “remainderman”). A traditional life estate cannot be revoked or otherwise changed …
When someone passes away, all of the real estate and personal property that they currently own individually becomes “estate property.” This means that, until the property is distributed to the deceased’s heirs and beneficiaries, their assets are simply considered to belong to the estate. Estate property includes personal property like cash, stocks, vehicles, clothing, furniture, …
How long after a person dies will it take for beneficiaries to be notified depends, in part, on the estate planning that the deceased person did. If you are the beneficiary of a trust, you are supposed to be notified within 60 days of the death of the trustmaker. If you are the beneficiary of …
How Long After a Person Dies Will Beneficiaries Be Notified? Read More »
When someone dies, their property must be passed on to their heirs and beneficiaries. Everything that a person owns individually will be considered their property upon their death. This includes personal property such as cash, stocks, vehicles, clothes, furniture, and jewelry, as well as real property such as land and buildings. Some assets will be …
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In Texas, while an executor of an estate does have to file an inventory, appraisement, and list of claims with the probate court, they are not necessarily required to show accountings to beneficiaries. A personal representative must file an inventory of the estate assets within 90 days of qualification. After that, in a dependent administration, …
Does an Executor Have to Show Accountings to Beneficiaries? Read More »
Texas Property Code Chapter 112 is part of the Texas Trust Code. A trust is a legal arrangement where one party, called the “trustee,” holds legal title to certain property and manages it for the benefit of other parties, called the “beneficiaries.” Chapter 112 of the Texas Trust Code governs the creation, validity, modification, and …
Texas Estates Code Section 256.204 contains the filing deadline or “statute of limitations” for a will contest lawsuit. It states that “after a will is admitted to probate, an interested person may commence a suit to contest the validity thereof not later than the second anniversary of the date the will was admitted to probate.” …
“Per stirpes” is a Latin phrase that means “by roots” or “by branch.” In the estate law context, it is a method of distributing estate assets that allows a beneficiary’s heirs to receive their inheritance if they pass away before the person creating the will. This concept is best illustrated through an example: Say Anna …
An Affidavit of Heirs or Affidavit of Heirship is a sworn statement, given under oath, that identifies the relatives who may be the heirs of a person who passes away. The Affidavit of Heirs should list the names, ages, and addresses of the decedent’s relatives, and it should indicate the date of death of any …