This is part three of a three part series on Transfer on Death Deeds. In part one, we learned about what a Transfer on Death Deed was and how a person could validly create one. In part two, we learned about what happens after a grantor signs a Transfer on Death Deed...
Category: Probate
Transfer on Death Deeds Part 2
This is part two of a three part series on Transfer on Death Deeds. In part one, we learned what a Transfer on Death Deed is and how a person could validly create one. Part two explains what options are available to a grantor after a grantor signs a Transfer on Death Deed,...
Transfer on Death Deeds Part 1
This is part one of a three part series that will explain: (1) what Transfer on Death Deeds are and how they are created; (2) what happens after a Transfer on Death Deed is created (when the grantor is still alive); and (3) what happens when the grantor of a Transfer on Death Deed...
How is a Will Proven to be Valid During Probate?
You have a valid Will, what steps must be taken to make sure that it can properly be admitted into probate?
For a valid Will to be admitted into probate, it must be proven to the court to be the Last Will and Testament of the testator. Before I explain that, here are...
Fraudulent Concealment, Destruction or Alteration of a Will
Family dynamics can turn nasty, particularly after a parent or relative dies and a struggle for a portion of the decedent's estate among family members looms. What, if any, consequences are there if a person deceives others about the existence or content of the decedent's Will?
The Texas Penal Code Section 32.47 establishes that:
"A person...Exemption for Probate Fees for Certain Military Members
In Texas, estates of military servicemembers who die in active service in a combat zone are exempt are exempt from the following fees:
Any fee for filing for probate of the deceased servicemember's Will; and,Any fee charged by the probate court for rendering its normal services."Combat zones" are designated by the President by...
Accessing the Deceased’s Safe Deposit Box
Some people believe that storing a Will in a safe deposit box is a bad idea. They believe that it will be near impossible to get possession of the Will after the box owner's passing. Not true.
The Estates Code provides bank's authority--even without a court order--to permit certain persons to examine the contents...
Accessing the Deceased’s Funds to Help Pay Funeral Expenses
Families occasionally lack funds to pay for a loved one's funeral expenses. Sometimes the only money available is in the deceased's bank account which is now frozen. Is there any way to tap into those funds to pay funeral expenses? Yes. The Estates Code labels it an "application for emergency intervention."
Not anyone can file...
Locating A Missing Life Insurance Policy
Sometimes the person tasked with handling the estate's affairs after the death of a loved one isn't quite sure whether all of the decedent's life insurance policies have been identified. Substantial amounts of money could be lost by one or more beneficiaries if a claim is never filed against a valid policy. The Texas...
Claims During Probate: Medicaid Estate Recovery Program (MERP)
During probate, the executor or heirs often must certify whether the Medicaid Estate Recovery Program (MERP) has a claim against the decedent's estate. MERP stems from Federal law. MERP requires States to submit claims against the estate of dededents who received "covered long-term care" for persons age 55 or older paid for by...