Houston Texas Estate Planning Blog

People in Houston are encouraged to thoroughly plan out the administration of their estates in order to avoid contention and discord from arising amongst their beneficiaries once they are gone. No one wants their passing to push their family members and friends apart; rather, they want to such parties to come closer together following their departure. Yet no amount of planning is guaranteed to satisfy all those who might be party to one's estate. One might think, then, that the only way to avoid contention over their estate is to eliminate the potential for it altogether. 

Per data shared by the Texas Judicial Branch, the state's probate courts heard over 15,100 cases unrelated to standard administrations in the 2014 fiscal year alone. That accounted for over one-third of their entire volume of cases. Among those had to include a good number of disputes and contests. One who does not want to see their estate case end up in such a situation may consider including a no-contest clause in their will. Such a clause would effectively disinherit a beneficiary if they decide to challenge the provisions of a will. Such clauses are typically meant to serve as deterrents to potential legal action amongst those that one might worry about seeking such action over their stake in an estate. 

Even though a large portion of Texas citizens do not commit to estate planning, many residents are heavily encouraged to do so that their property can end up in the right hands after unpredictable circumstances. Part of why most Texans refuse to begin estate planning is because they do not want to think about their death and instead desire to focus on the present and near-future.

An estate lawyer’s job is not to make you uncomfortable, but to make sure you are ready. They will ask you several questions to help you prepare for multiple scenarios, but one that might make you wince is if they ask you about any potential health issues you could get or if you have family history of a certain disease. While it may not seem relevant at the moment, it can be crucial information for an estate planner to know to properly prepare your asset division.

Recently, one of your family members has asked if you would be interested and willing to be an estate administer. At first thought, you feel like this would be an invaluable opportunity to support someone you love, but you also want to make sure you are making a good and well-informed decision. At Doehring & Doehring Attorneys at Law, we have helped many families in Texas to learn about the legalities of creating, implementing and executing a well-thought estate plan. 

In simple terms, being an estate administor means you are the person who is primarily responsible for overseeing the execution of your family member's estate. You will be in charge of making sure bank accounts are closed, lines of credit are paid, assets are distributed properly and property is liquidated according to that person's wishes. In determining whether or not you are willing to play a role in the execution of your family member's estate, AARP suggests some important things for you to consider:

• Temperament - Are you the kind of person that gets along well with other family members? Do you work well under pressure? Are you a confident decision-maker?
• Financial security - Do you have the funds to travel if needed? Do you have a job that would accommodate your needs if you need to take time off to assist with estate responsibilities?
• Timing - Do you have the time to oversee the execution? 
• Legal terms - Are you familiar with the legalities of being an administor? Do you understand the terms of your responsibilities?

Talk about probate is very common when discussing wills or after someone passes away in Texas. This process is not as understood as it should be, though. You may not truly understand what it means, which could lead to confusion down the road. Understanding this term can help you to better plan your own estate and handles the estates when loved ones die.

The Texas Young Lawyers Association explains that probate is the process of proving a will is valid. The court looks over the will and any other information provided to make a ruling. Once the will is deemed valid and legal, the wishes contained within the document can be carried out. If the will is found not valid, the estate then transfers to heirs as directed by state law without consideration to what was in the will.