Articles
What Is A Testamentary Trust?
Executive Summary A testamentary trust is a trust written into a will that only becomes a functioning legal entity after you pass away and your will is probated. Key Takeaways Delayed Activation: It only takes effect after death, unlike a living trust which functions...
Can A Person Name Co-Executors For Their Will?
Executive Summary: Legal Status: You can legally name co-executors for your will in Texas under Texas Estates Code Section 307.002. Common Motivations: People often choose co-executors to avoid hurting a child's feelings or to try and resolve existing friction between...
How Do I Probate A Will In Texas With Independent Administration?
Executive Summary Texas probate can be relatively quick and inexpensive compared with probate in many other states when the will is properly prepared and executed. A properly drafted will should generally allow the estate to use independent administration, which...
Will Estate Taxes Need To Be Paid When I Die?
Executive Summary: No Texas state estate tax: Texas does not levy an estate tax or "death tax" at the state level. Federal exemption limits (2026): Federal estate taxes only apply to individuals with estates worth over $15 million or married couples with joint assets...
Can A Living Trust Protect My Assets?
Executive Summary: A revocable living trust provides no creditor asset protection in Texas if you keep control of the assets. However, Texas law inherently grants strong protections without a trust: Homestead Law: Texas Property Code Chapter 41 fully protects primary...
What Happens To My Assets If I Die Without A Will?
Executive Summary: Overview of Dying Without a Will (Intestacy) Texas Estates Code Chapter 201 governs asset distribution when dying intestate. Probate becomes more expensive and time-consuming without a will. Minor children receive full access to inheritance at age...
What Is A Transfer on Death Deed?
Key Takeaways: Transfer on Death Deed (TODD): Texas Estates Code Chapter 114 lets property owners transfer real estate automatically at death without probate. Main benefit: No need for probate. The beneficiary only needs to file a copy of the death certificate at the...
Usually Not All Of Your Assets Pass Through Your Will
Executive Summary: Wills do not control all assets. Many people mistakenly believe a will dictates how their entire estate is distributed after death. Non-probate assets bypass the will. These are primarily financial assets such as checking and savings accounts, life...
Will My Bank Account Pass Through My Will?
Executive Summary: Your Will may not control your bank accounts. Certain accounts pass automatically outside of probate. JTWROS accounts pass to the surviving joint owner, while POD accounts pass to the designated beneficiary. These designations generally override the...
What Can I Do If I Think I Am Likely To Become Incapacitated?
Key Takeaways: Incapacity can leave you unable to manage your personal needs or finances. A Declaration of Guardian lets you tell the court who you want—or do not want—to serve as your guardian. You can name separate guardians for your person and estate, or the same...