Archives: FAQs

There are several legal strategies that beneficiaries and heirs can use to avoid probate. An Austin estate planning attorney can explain the benefits of each in detail, including: Joint Tenancy and Tenancy by the Entirety – You can add a joint tenant with rights of survivorship to your assets. This allows your property to transfer to […]

The will can become invalid if it doesn’t begin probate within four years. The deceased’s property will be subject to Texas’s intestacy laws and distributed to heirs accordingly.

In Texas, a will must enter probate within four years from the date of the deceased’s death.

The main parties in probate depend on whether the deceased created a will. If there is a will, the executor must notify the named beneficiaries. If there isn’t a will, heirs must go to court to appoint an administrator and decide who can receive the property. Creditors also participate in probate to recover assets for […]

You don’t have to go through probate if the deceased has no assets to leave to family members.

Because Texas is a community property state, the court divides a couple’s property based on what it deems to be just and right. Community property is anything acquired while you were married, such as real estate, motor vehicles, and bank accounts. Separate property is property acquired before marriage or as an inheritance or a gift while […]

The law doesn’t consider or award “points” to the individual who files for divorce first. It won’t matter who filed first to determine matters such as alimony, child support, and asset division.

It depends. You must petition the court for your spouse to pay your attorney’s fees. Judges make these decisions on a case-by-case basis. For example, if you make considerably more money than your spouse, the judge won’t be likely to order them to pay. However, if you don’t have a job and own little to […]

Texas has a waiting period every couple must go through before finalizing their divorce. The court won’t grant the petition for divorce until it pends for at least 60 days from the date of filing. The only exception is if special circumstances apply, such as family violence or domestic violence. However, finalizing the divorce can […]

A divorcing couple must meet these conditions to file: They must live in the state for at least six months before filing the petition for divorce. Each person must a resident for at least 90 days in the county where the filing occurs.