How to avoid probate in Texas –

Obviously you’ve heard that probate can be tedious. Maybe you’ve experienced it yourself. Maybe you just want to make sure that your family doesn’t have to go through it, too. Let The Fetty Firm, P.C. guide you through the process of protecting your estate.

How can property be owned to avoid the need for probate after a person dies?

Think of the word “probate” as meaning “transfer of title.”  There are several ways that property can be owned so that property automatically goes to the family or to a co-owner when a person dies without having to file a court application for probate.

What is property in Texas?

There are two basic kinds of property. A person can have personal property or real property.  Personal property includes “things” such as a car, furniture, jewelry, clothes, or even a bank account. Real property means land and includes land that has buildings on it, like a person’s house. Real property also includes mineral interests.

Property is either separate property or community property. Separate property is owned by an unmarried person or is owned by a person before being married. A gift or inheritance to a married person is separate property. Community property is acquired by a married person during the marriage.

The total amount of property a person owns is called the estate. The community estate of a married couple is owned by both persons. In other words, each spouse owns one half of the community estate. When a married person dies, only one half of the community estate can be given away because the other half is still owned by the living spouse. The spouse that has died (called the decedent) could own a separate estate in addition to one-half of the community estate.

The following is a list of how property can be owned:

• Separate property
• Joint ownership (sometimes called joint tenancy)
• Joint ownership with right of survivorship
• Payable on death
• Life estate
• Community property
• Community property with right of survivorship

Can a married person still have separate property?

Yes. Property owned before a marriage is separate property. Property that is given as a gift to or that is inherited by a married person is also separate property.

What if a person dies without a will?

If a person dies without a will, the law decides how property is divided. The person who has died is called the decedent.  When a married person dies, the person’s living spouse is called the surviving spouse.

For example, if a married person dies without a will, the law says the decedent’s community property goes to the surviving spouse if:

• The decedent had no children or other descendants;
• All the decedent’s children are also the children of the surviving spouse;
• If the decedent had children with more than one person, the surviving spouse keeps his or her one half of the community property and the children get the decedent’s one half of the community property.

What if the person had a will?

A valid will controls how a person’s estate is handled after the person dies. However, to change the title to some property, the will must be admitted to probate. This means that an application to admit the will for probate must be filed with the probate court where the person lived or died, or in the county where the property is located; and the probate judge must find that the will is valid. The cost to file an application in the probate court varies depending on the county. Most probate courts will not allow pro se litigants, which means that you must hire an attorney. This adds to the cost. To save money for their family, many people attempt to own property in a way that makes it unnecessary to probate the will. For example, if a married person dies, and the couple’s property is owned with right of survivorship, the property automatically goes to the surviving spouse.

Can I avoid probate if I own real estate?

Absolutely.  As of September 1, 2015, Texas law says that an owner can prepare a Transfer on Death Deed (TODD).  A TODD allows the owner, the

transferor, to name a beneficiary who will receive the property described in the deed after the transferor has died.  The TODD must be recorded in the

deed records of the county where the property is located prior to the transferor’s death.

Can I continue living in my home after I execute a TODD?

Yes.  Nothing changes as long as you, the transferor, is living.  You are still the full owner; which means that you must continue to maintain the property and pay the taxes unless you have deferred them.  You can even sell the property if you need to do so.  The beneficiary would receive nothing at the time of your death if the property has been sold.

What if I have a will? How does a TODD affect my will?

A TODD will rule; it governs over the will.  If your will states Property A goes to my daughter and the TODD names son as the beneficiary of Property A, son will be the new owner regardless of which of the two documents was executed first.  Property A’s title can transfer without the need for probate.

Can a TODD be executed for any real estate?

Real estate, with or without a mortgage, can be transferred at death when the owner properly drafts and records a TODD.  It is not limited to one’s homestead.

What about premarital agreements?

Persons who are planning to be married can prepare a written premarital agreement that says that certain property will remain separate property even after the marriage. Unless there is a will that states who will get the property, the property mentioned in the premarital agreement will not go to the surviving spouse.

What is a joint tenancy?

A joint tenancy means more than one person owns a certain item of property.  Both real property (land) and personal property (things) can be owned jointly.

There are two kinds of joint tenancy. People can own property as joint tenants or as joint tenants with right of survivorship. In a joint tenancy, when one owner dies, his or her share of the property passes to the decedent’s heirs or to the persons named in the decedent’s will. In a joint tenancy with right of survivorship, when an owner dies, his or her share of the property goes to the other owners.

A joint tenancy with right of survivorship has to be created by a written agreement.

What about community property with right of survivorship?

When a married person has children who are not the children of the surviving spouse, his or her half of the community property does not automatically go to the surviving spouse when the person dies. In Texas, a married couple can agree in writing that all or part of their community property will go to the surviving spouse when one person dies. This is called a right of survivorship agreement. The right of survivorship agreement must be filed with the county court records where the couple lives. This can be a way that married couples can see to it that all community property stated in the agreement automatically belongs to the surviving spouse without having to go to probate court.

Read More »Avoiding Probate in Tarrant County

Tarrant County Probate Lawyer

Probate is the legal process of administering a deceased person’s estate in accordance with their will or, if there is no will, the Texas laws of intestacy. The following are the general steps involved in the probate process in Texas:

1. Filing the application: The first step is to file an application with the probate court in the county where the deceased person lived. The application must include the original will, if there is one, and a certified copy of the death certificate.
2. Notice to interested parties: The executor or administrator of the estate must give notice to all interested parties, including heirs, beneficiaries, and creditors. This is usually done by publishing a notice in a local newspaper and sending notices by mail.
3. Inventory and appraisal: The executor or administrator must prepare an inventory of the deceased person’s assets and have them appraised by a professional appraiser. This inventory must be filed with the court.
4. Payment of debts: The executor or administrator must identify and pay any debts owed by the deceased person, including taxes, funeral expenses, and outstanding bills.
5. Distribution of assets: After all debts have been paid, the executor or administrator must distribute the remaining assets according to the will or, if there is no will, according to Texas laws of intestacy.
6. Closing the estate: Once all assets have been distributed, the executor or administrator must file a final accounting with the court and request that the estate be closed.

This is why it’s important to call Rashelle Fetty at (214) 546-5746 to assess your probate needs. Rashelle is experienced and loves problem solving for families.

Call today to schedule your Tarrant County Probate consultation.

Tarrant County Probate

Having a Will in Texas is important for several reasons:

1. Distributing assets: A Will allows you to specify how your assets will be distributed after you pass away. Without a Will, the state of Texas will determine how your assets will be distributed according to its intestacy laws, which may not align with your wishes.
2. Naming an executor: In your Will, you can name an executor, who will be responsible for carrying out the provisions of your Will and ensuring that your wishes are carried out. This can help to prevent disputes among family members and ensure that your estate is handled properly.
3. Naming guardians for minor children: If you have minor children, your Will allows you to name a guardian to care for them in the event of your death. This can help to ensure that your children are cared for according to your wishes.
4. Reducing conflicts: Having a Will can help to reduce conflicts among family members and prevent disputes over your assets after you pass away.
5. Avoiding probate: A properly drafted Will can help to avoid probate, which is the court-supervised process of distributing a deceased person’s assets. By avoiding probate, you can save time and money for your heirs.

Overall, having a Will in Texas is an important part of estate planning, and can help to ensure that your wishes are carried out after you pass away.

Serving the Dallas-Fort Worth Metroplex
Principal Office: Colleyville, Texas

(214) 546-5746

Tarrant County Estate Planning

If you do not have a will in Texas, the state will decide how your property is distributed according to the rules of intestate succession (Estate Code Title 2, Subtitle E, Chapter 201, Subchapter A).

By having a will, you determine how your property is distributed and to whom. That’s not the only advantage:

• Set your intentions about the division of your property
• Provide for stepchildren and others that would be left out by intestate succession
• Determine who will care for minor children
• Reduce family conflict after your death
• Trusts are another essential planning tool. An advantage of trusts is that they cannot be contested in court.

Other advantages of a trust include the following:

• Trusts are private (wills are public record after your death)
• Trusts are active the day they are created
• Revocable trusts can be revised
• Irrevocable trusts cannot be revised but are best in certain circumstances
• Assets in a trust are protected from probate
• An estate plan often includes a trust as well as a will.

Read More »Do I need probate in Texas?

Tarrant County Estate Planning

Are you in search of a Texas Attorney for Wills and Trusts? The Fetty Firm can offer you exceptional services and protection of assets. Whether you’re in need of estate administration or the composition of a legal document, we have an attorney at law that is second to none. Her name is Rashelle Fenty and she focuses particularly on wills and trusts. Our priority is ensuring that your affairs are in order both in life and in the event of your passing. It is important that you get the final say.

What is a Will?

Each of these sections deserves delicate attention because you will have no control over posthumous events unless a proper will is intact. Make sure to be able to name every beneficiary with exact detail. It’s imperative to ensure that the members who you aim to have parts of your assets are designated. Otherwise, there will be confusion in how to divide the property — even more difficult in the instructions of how to obtain it.

What Is A Probate?

After the assets of the estate have been passed in the will, they will be subject to the probate. This is the process that will be undergone to assess the value of your estate and distribute it in a manner that pays taxes, debts and follows the details of the will. They are usually very costly and require deliberation in the legal documents (wills, trusts, etc.) to ensure that there are distinct actions made in your favor.

What Is A trust?

To understand a Trust, you have to know that the probate is a very calculated and extremely expensive way of dividing your estate. In essence, it is the most bureaucratic and callous method to do so. Therefore, the role of Trusts is to move your assets into the possession of a third party which will hold it for you under such circumstances. It is usually to avoid or at the very least lower the taxes or cost of the Probate. In some cases, you can bypass it almost entirely.  Through this format, your beneficiaries may gain access to these assets faster than using a will. If it is an irrevocable trust, it may not be considered part of the taxable estate. That means fewer taxes may be due upon your death. It is a great way to protect your wealth and ensure your legacy is preserved.

Are There Different Kinds Of Trusts?

There are dozens of trusts which all pertain to unique situations of scenarios that you may experience. They are also broken down into two larger categories which consist of Revocable and Irrevocable Trusts. They are determined by unless directly decided, the life of the grantor. If they are alive, then they will most likely operate under a Revocable Trust. This kind of trust is flexible and can be dissolved at any time. This is a good choice for those who are unsure of their future and don’t want to make any permanent decisions. On the other hand, an Irrevocable Trust does what the name suggests. People usually choose this trust in order to move estates and assets out of reach of taxes or the probate. However, when you choose this route you lose the ability to change details of the deal or dissolve it.

How Do I Get More Information?

Asset protection is a must. That’s why it is critical that you speak to a professional about Trusts and/or Wills because of how sensitive they are to your personal property. The Fetty Firm is happy to clarify and even help you draft any of these documents. Our phone number is 214-546-5746. Finally, a Colleyville Texas Attorney for Wills and Trusts has never been easier to find. We are here for you now and will help with whatever you may need. We will take care of clients in Tarrant County and the surrounding area. Feel free to visit us on our website and get more info about all the other services we provide. Call today, we hope to hear from you soon!

 

 

 

Living Will in Texas

Are in the process of drafting your Colleyville TX Living Will, then you should definitely look into the legal advice The Fetty Firm has to offer. Our Tarrant County family law office has years of experience in Texas family law matters. Our many years in the legal sector have given us the experience to deal with cases such as powers of attorney, estate planning, medical power of attorney, health care, and other types of legal issues in the best way possible. The Fetty Firm’s Colleyville Texas Probate Attorney, Rashelle Fetty, has the tools necessary to get clients the best legal services possible. So contact our Fort Worth law firm and see why we are a leading law office in the state of Texas.

Drafting a living will is an extremely sensitive matter. An advanced directive provides your doctors and caregivers the instructions for end of life treatments you want or don’t want. These types of documents take effect in the case that you are unable to give those instructions yourself. When drafting a living will, you should turn to the consultation services of a trusted and experienced law firm. Rashelle and The Fetty Firm have the experience to help you draft a truly comprehensive living will. When you choose The Fetty Firm, you can expect to receive the highest quality of legal services in the state.

TX Living Will Overview

The instructions in a living will include do-not-resuscitate orders and instructions on organ donations. By creating a living will, you will ensure that your wishes are carried out and will prevent potential problems for you or your loved ones. Furthermore, a living will typically cover:

• Resuscitation, such as CPR or an electric shock to the heart
• Breathing machines
• Tube feeding
• Dialysis
• Medicine
• Palliative care
• Organ donations

Living Wills in Texas

In order for a living will to be considered valid, there are certain conditions that must be met:

• The declarant must be deemed to be in a competent state
• There need to be two witnesses
• The directive can also be oral, with two witnesses and an attending physician
• A written directive will become part of your medical records. If the directive is oral, then the witnesses will have to sign medical records
• Keep in mind that living wills are not “operative for pregnant parents.”

Additionally, living wills are revocable at any point, no matter what mental state and/or competency the declarant is in. You can either destroy the living will document or sign and date or orally state the intention of revoking the living will. A living will revocation takes effect when the document of intent is sent to the physician or when the physician is notified of an oral revocation.

Moreover, living wills will stay in effect until you decide to declare it invalid. There are also additional legal conditions that apply to advanced directives. So the best course of action is to contact an experienced and proven family law firm such as The Fetty Firm.

Importance of a Living Will

The importance of living wills stems from the medical wishes the document states. Rather than having someone else make a life-or-death decision on your behalf, an advanced directive will force the honoring of your wishes as expressed in the document. Fortunately, the law offices of Rashelle Fetty can assist you with the drafting of your advanced directive. The Fetty Firm will advise you on all the current Texas law guidelines regarding health care decisions.

Another way we can assist you is by taking a look at your existing living will. The recommended timeframe to review your living will is every 2 to 3 years. Changes in your life, such as relocation, health, finances, relationships, or a change of heart could all be reasons for you to change your advanced directive. Additionally, with technology improving so fast, it may one day cause to change your living will as well.

Whenever you are in need of experienced and compassionate estate planning, make sure to contact Rashelle Fetty and Fetty Firm. We are a leading family law firm in the state of Texas, and we can’t wait to help you with your case.

Additional Estate Planning Services

Here at The Fetty Firm, we take pride in offering clients individualized attention in their particular cases. As a result, we’ll work together to create the best estate plan that fits your needs and unique circumstances. An advanced directive will is only a small part of estate planning, and we can help you along the whole way.

For those who haven’t taken care of their estate planning yet, the time to do it is now. For parents especially, a minimum should be to have a will and a designation of a guardian. Additionally, everybody should have an estate plan in place that will ensure that their wishes are carried out. Our experience and knowledge of Texas Laws can help clients with matters such as will, trusts, and other estate planning issues. We offer legal consultation is cases such as advanced directives, HIPAA forms, trusts, the designation of a guardian, powers of attorney, and wills.

All of these services are great for making sure your estate planning is taken proper form. One thing we like to tell our clients is the importance of expecting the unexpected. It is very important to have a plan in place in the case that unexpected events may occur. Whenever you are in need of professional and experienced estate planning services, contact Rashelle Fetty and The Fetty Firm.

Committed to Excellence

Here at The Fetty Firm, we hold a firm commitment to excellence. We’re always looking for ways to improve our firm in all aspects. Additionally, we always aim to excel in the cases that we take on. So you can rest easy knowing that we are willing to go the extra mile to ensure our clients’ satisfaction.

Contact Us Today

If you are in the process of drafting a living will contact The Fetty Firm for trusted and experienced legal consultation. Rashelle Fetty and her firm are always ready to help clients in as many ways as possible. You can get in touch with us by calling (214) 546-5746. Moreover, you can learn more about a Colleyville TX Living Will by clicking here.

Tarrant County Estate Planning

Probate is when a will goes through a legal process to determine if it is authentic. It is a common legal procedure, but it is also very timely. Wills that go through probate takes time and money, which is why some try to avoid it altogether. There is a way to skip probate, and there may be scenarios when you would want to skip the process. Find a Tarrant County Estate Planning Attorney who will help educate you on these facts.

Wills are used to pass on property to beneficiaries once a person dies. If a will is not established, then the courts will create one and distribute property how they see fit. Wills are very beneficial for the families after a family member’s death and the testate, the person dying. The family will have a more comfortable process after their loved one’s passing. Plus, their loved one will have peace of mind when they do pass.

Ways of Avoiding Probate

There are ways of avoiding probate, but there needs to be careful planning. Firstly, it is best to have a will. Those who die without wills may also require probate. You may want to avoid probate to skip the many legal fees you will incur or avoid the estate taxes. Your reason may also simply be privacy.

Regardless of the reason, there are ways of avoiding probate. One way of avoiding this lengthy legal process is to set up a revocable living trust. Property is placed into the trust that is only accessible to the owner. Once they die, the property is given to a beneficiary, and no probate is needed.

Life insurance policies are another way you can avoid probate. They require policyholders to add a beneficiary to the plan. Once the holder passes, then the property is passed on to the beneficiary. Retirement plans may also be another option, but not all of them work the same way.

In general, you will most likely go through probate. Unless you actively plan to avoid it, the process will most likely occur. That said, probate is relatively inexpensive, and the process has been streamlined over the years.

Take the time to research what you want. Find an Estate Planning Lawyer that can help you understand what is important. Find an attorney that will make you feel comfortable.

Call for a Will or a Probate Lawyer

If you are needing to create a will or want probate assistance, get in touch with The Fetty Firm. Rashelle Fetty has years of experience with family court. Give her firm a call at (214) 546-5746. Clients should also visit her will and probate pages to find out more about the process.