Doehring & Doehring Attorneys at Law Houston Estate Planning Lawyer | Doehring & Doehring2026-10-05T20:17:51Zhttps://www.doehringlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1204271/2020/08/cropped-site-icon-min-32x32.pngOn Behalf of Doehring & Doehring Attorneys at Law<![CDATA[What makes a good trustee?]]>https://www.doehringlaw.com/?p=533772026-10-05T20:17:51Z2026-10-05T20:17:51ZWhen making an estate plan and setting up a trust, one key step is to select the appropriate trustee. You can choose an individual, such as a family member, or you can choose a professional trustee. Either way, they are in charge of administering the funds within that trust to the selected beneficiary.
Choosing the correct person for this role is important. Below are a few things you may want to consider.
If they have the right skills
First and foremost, consider their skills, education and experience. Being a trustee can be complicated, so it may help to have someone with a legal or financial background, as well as someone with a high level of education.
If they have the time required
Additionally, the trustee will be involved with the fund and working with the beneficiary for a significant amount of time into the future. Be sure that they actually have the time and availability to take on this role, and ask them to ensure that they are willing.
If there are any conflicts of interest
When you are choosing a family member, there is always the chance that there could be a conflict of interest between the trustee and the beneficiary. Carefully consider the relationship the two have with one another, and choose a trustee who will always put the beneficiary's best interests first.
Someone who understands your vision
Finally, talk with the trustee and tell them about your vision and your goals when it comes to estate planning. You need someone who is on the same page and who will work to administer the funds as you intended.
Setting up a trust
Choosing the correct trustee is just one step to take when creating your estate plan. Take the time to carefully consider all of the legal options you have when setting up a trust and gathering other estate planning documentation.
]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[What to do when you find unreported income in an estate]]>https://www.doehringlaw.com/?p=533622026-09-30T10:08:59Z2026-09-30T10:08:59ZReport the income to the right authorities
Estate representatives should keep complete records of income they find during estate administration. The proper tax reporting depends on when the deceased earned or received the income.
Income that the deceased earned before death may belong on the person's final tax return. If the deceased failed to file required returns for earlier years, the representative may need to file those returns.
The estate generally reports income it earns after the person's death. A domestic estate generally must file Form 1041 if it has $600 or more in gross income for the tax year.
Executors should record the source, amount and time period for the income. Bank records, tax documents and other financial records can help show when the income arose and who had the right to receive it.
Amend tax filings if needed
Unreported income may require changes to a prior tax return. The representative should first determine whether the income belongs on the deceased person's return or the estate's return.
The IRS treats these filings separately. Income the deceased earned up to the date of death generally goes on the final individual return. Income the estate earns after death generally goes on Form 1041 when the estate must file that return.
Tax deadlines depend on the type of return and the tax year. Late filings or unpaid taxes may lead to penalties or interest. Acting quickly can help limit these costs and keep the estate administration on track.
Work with qualified professionals
Estate representatives may benefit from legal and tax advice when they discover unreported income. An attorney can explain the representative's duties under Texas law. A tax professional can review the income and determine which returns the representative may need to file or correct.
Accurate records and prompt action can help protect the estate and its beneficiaries. They can also reduce the risk of disputes or other problems during estate administration.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[Why would you use a no-contest clause in a will?]]>https://www.doehringlaw.com/?p=533602026-09-23T17:11:15Z2026-09-23T17:11:15ZYou can use a no-contest clause as part of your estate plan if you are worried about estate challenges from certain beneficiaries. This clause acts as a way to prevent those challenges.
For instance, maybe you have three children. You are leaving one of them significantly fewer assets than their siblings, and you also know that the three have not always had the best personal relationship. You are worried that the child who is receiving less is going to challenge the estate plan, but you want to keep everything out of litigation in court.In this situation, a no-contest clause could stipulate that, should the child who is receiving less decide to challenge the estate plan, they will lose even the smaller inheritance that they were set to receive. They need to simply accept the provisions in the estate plan without taking it to court.
Is a no-contest clause always enforceable?
No, a no-contest clause is not always enforceable. In some cases, there is just cause for legal action. For instance, if someone challenges an estate plan on the grounds of undue influence, and it is then proven that undue influence did exist, the court may not enforce the no-contest clause.In other cases, the person may be able to demonstrate that it was a good-faith action. Even if they lost the case, they genuinely believed that there were issues with the estate plan that warranted the legal challenge. The court may decide not to enforce the no-contest clause because it was not a frivolous lawsuit.When setting up an estate plan, no-contest clauses are just one component to keep in mind. It can help to work with an experienced attorney while you navigate this process.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[What documents do you need to start probate in Texas?]]>https://www.doehringlaw.com/?p=533572026-09-18T05:38:50Z2026-09-18T05:38:50ZWhat is the primary filing document?
The application for probate serves as your formal request to open an estate. This document identifies the deceased, lists known heirs and states whether a valid will exists. You must file it in the county where the person lived during the six months before passing away.
In Texas, state law typically mandates filing a will for probate no later than four years after death occurs. When no will is present, alternative regulations govern the process. This application helps courts verify proper jurisdiction and assess your qualifications to act as estate administrator. The document requires verified declarations regarding familial connections and where assets are situated.
What supporting records must accompany the application?
You need the original will if one exists, plus a certified death certificate from the state vital records office. Courts will not accept photocopies of wills in most cases. The death certificate proves the legal event triggering probate proceedings and confirms the date of death.
Generally, personal representatives must submit an inventory, appraisement and claims list within 90 days following their official appointment. However, Texas law offers a narrow exemption in specific situations. Under this exception, you may file an affidavit instead of completing the standard inventory process, provided your case meets the qualifying criteria.
Do you need additional court filings?
Bond requirements depend on will provisions and court discretion. If the will includes a provision waiving the bond requirement, the judge will review that language when considering your application. Without a waiver, the judicial review will generally require you to obtain a surety bond before you receive letters testamentary or letters of administration. The bond amount is set by the court and is typically based on the estimated value of the estate.]]>by Doehring & Doehring Attorneys at Law<![CDATA[How to handle estate disputes between biological and stepchildren]]>https://www.doehringlaw.com/?p=533552026-09-16T07:15:15Z2026-09-16T07:15:15ZWhen can biological children and stepchildren have inheritance rights?
For intestate inheritance, a stepchild generally is not treated as the decedent’s child based only on the stepparent relationship. Texas law may recognize some children as adopted for inheritance. This includes children a court finds were equitably adopted or adopted by estoppel.
Equitable adoption may apply when a stepparent promised to adopt a child but did not complete the legal process. Courts may look at whether the stepparent acted as a parent and treated the child as adopted.
Texas intestate succession law recognizes biological and legally adopted children as heirs. It also covers children born after a parent’s death, children born outside marriage who meet paternity rules and children conceived through assisted reproduction in some cases. Inheritance rights depend on the facts of each case.
Disputes may arise when a surviving spouse serves as an executor, administrator or trustee or controls assets that family members claim. Biological children may fear losing assets to a stepparent. Stepchildren may feel left out of property they helped maintain during the marriage.
How can families prevent or resolve disputes?
Clear estate planning can help prevent inheritance disputes in blended families. Key steps include:
Create a detailed will: Name beneficiaries for specific assets.
Consider trusts: A trust can set aside property for biological children and stepchildren.
Review beneficiary forms: Some accounts and policies pass outside probate. Make sure they list the right people.
Document the plan: Clear wills and trusts provide written instructions and may help prevent disputes.
Discuss the plan when appropriate: Explain the basic estate plan to reduce confusion.
Consider mediation: A neutral third party can help family members reach a settlement.
Use alternative dispute resolution: Some probate cases allow or require mediation. This depends on the court and the case.
Clear planning and early dispute resolution can help blended families handle inheritance issues with less conflict.
What to do when an inheritance dispute develops
Estate disputes between biological children and stepchildren may depend on legal definitions, key documents and decisions made before death. Clear estate planning can help prevent disputes. If an estate is contested, a Texas probate attorney can explain options such as mediation and settlement before the case reaches court.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[Understanding the role of a fiduciary bond in Texas]]>https://www.doehringlaw.com/?p=533522026-09-11T13:38:45Z2026-09-11T13:38:45ZServing as a personal representative in Texas comes with legal duties. These duties include protecting estate assets and following court requirements. In some probate cases, a court may require an executor or administrator to post a fiduciary bond. The bond helps protect the estate while assets are handled and distributed.
Purpose of a fiduciary bond
A fiduciary bond is meant to protect the estate and other parties if a personal representative does not perform the duties covered by the bond. The surety’s obligations depend on the bond terms and applicable law.The bond creates an obligation between the representative and the surety company. It helps ensure the representative follows the duties required in probate cases.
When Texas probate courts require a bond
Texas law generally requires a personal representative to give bond unless the governing will or applicable law provides otherwise. The court may also require or modify a bond depending on the estate. The bond amount often depends on the value of the estate and expected income. Keeping accurate estate records can help show that the representative is handling the estate properly.
Factors affecting bond approval
Applying for a fiduciary bond involves an underwriting review. The surety company looks at the applicant’s background before issuing coverage. Several factors can affect whether the surety will approve the bond:
The applicant’s credit history
The value of the estate and anticipated income
The applicant’s financial and legal history, depending on the surety’s underwriting requirements
The Texas Estates Code sets out rules fiduciaries must follow. Failing to comply with a required bond order can lead to court action and may result in the representative’s removal or other remedies. A fiduciary who breaches a duty may also face personal liability for resulting losses. Following bond and fiduciary rules can help keep the probate case on track.
Why bond compliance matters in Texas probate
Meeting bond requirements can help avoid delays, disputes and court action during probate. Because bond rules may vary based on the will, the court and the details of the estate, representatives should confirm what applies before taking action.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[What to look for in an estate executor]]>https://www.doehringlaw.com/?p=533512026-09-09T20:00:23Z2026-09-09T20:00:23ZWhen making an estate plan, one key step is to pick the estate executor or estate administrator. They receive a lot of power during probate, as they handle various affairs for the estate, including paying debts and distributing assets.
The first thing to look for is someone who is legally an adult, as they will need to be over 18 years old. But in general, you are allowed to choose anyone you would like, from a family member to a close friend.
They must be trustworthy
First and foremost, you need someone who is honest and trustworthy, and whose integrity you can count on. This helps to limit estate disputes and conflicts, and ensures that your estate plan will actually be followed.
They may have legal or financial knowledge
It is not required that you choose someone with specific legal or financial knowledge, but it can be helpful. Estate administration is a complex process, and not everyone will be the right fit for such a role. Even if they do not have a legal or financial background, you should try to find someone who is organized and detail-oriented.
They are willing to take on the job
Finally, remember that this is a major responsibility. Not everyone is going to want it, even if you think they would be a good fit. You should try to pick someone who has the availability to put in the time and effort required, and someone who expressly says that they are willing to act as your estate executor when necessary.There are many steps to take when making an estate plan, and selecting an administrator is just one. It can help to work with an experienced attorney as you go through this process.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[Protecting the surviving spouse: Texas homestead rights and family allowances]]>https://www.doehringlaw.com/?p=533502026-08-28T19:00:51Z2026-08-28T19:00:51ZLosing a spouse while managing probate can be an overwhelming combination. For surviving spouses in Texas, state law provides constitutional and statutory protections designed to keep you financially stable and securely housed during estate administration.
Texas homestead rights
Under state law, a surviving spouse has a lifetime right to occupy the marital homestead, regardless of whether it was community property or the deceased spouse's separate property, and regardless of what the will says about who inherits it.Key aspects of this protection include:
Right of occupancy: the surviving spouse may live in the homestead for life or as long as it serves as their primary residence, even if the property is willed to children from a prior marriage
Creditor protection: the homestead is exempt from most unsecured creditor claims during probate; credit card debt and medical bills cannot force a sale of the home
Maintenance responsibilities: the surviving spouse covers property taxes, insurance, and upkeep, while remainder beneficiaries typically bear the mortgage principal
These protections apply automatically by operation of law, but asserting them formally in probate court is often necessary to prevent disputes with other heirs or creditors.
The Texas family allowance
While an executor is being appointed, access to estate assets may be delayed. Texas law allows a surviving spouse, minor children, and adult incapacitated children to petition the probate court for a family allowance covering reasonable support for one year after the decedent's death. The amount is based on the surviving spouse's separate assets and income, and the allowance takes priority over most unsecured creditor claims against the estate.
Exempt property allowances
Texas law also allows the court to set aside certain personal property for the surviving spouse. If the estate does not contain specific exempt items such as household furniture or clothing, the surviving spouse may request a monetary allowance in lieu of those items. Please verify the current statutory amounts before publishing, as these figures are subject to periodic adjustment.
Getting proper legal guidance
These protections are not always granted automatically and often require formal applications and financial documentation in Harris County probate court. A probate attorney in Texas can help you assert your rights and navigate the process during a difficult time.]]>by Doehring & Doehring Attorneys at Law<![CDATA[How to seek reimbursement for funeral costs from a Texas estate]]>https://www.doehringlaw.com/?p=533492026-08-28T18:13:13Z2026-08-28T18:13:13ZHigh priority of funeral expense claims in Texas
Texas law recognizes that funeral expenses are an immediate, necessary obligation following a person's death. Under Texas Estates Code § 355.102, claims against an estate are divided into specific priority classes to determine the order in which debts are paid.
Funeral expenses – including requests for reimbursement by individuals who paid them – are categorized as Class 1 claims. This means they hold the highest statutory priority and are paid before almost all other estate debts, such as administration expenses, tax liens, child support arrearages and general unsecured credit card debt.
The $15,000 statutory cap for Class 1 status
While funeral claims receive top-priority status, Texas law establishes a statutory cap on the amount that receives Class 1 priority:
Up to $15,000: Funeral expenses up to $15,000 (approved as reasonable by the probate court) are classified as Class 1 claims and paid first from available estate assets.
Amounts exceeding $15,000: Any portion of funeral expenses exceeding $15,000 is reclassified as a Class 8 claim (general unsecured debt). Class 8 claims are paid last, only after all higher-priority claims and statutory allowances have been fully satisfied.
It is worth noting that a separate $15,000 Class 1 cap applies to the expenses of the decedent's last illness, independent of the funeral expense cap. This means both types of expenses can each receive Class 1 priority up to $15,000.
How to present a claim for reimbursement
To pursue recovery of out-of-pocket funeral expenses from a Texas estate, consider the following steps:
Keep itemized receipts: Maintain detailed receipts, contracts and proof of payment for all funeral services, casket or urn purchases, burial plots and memorial services.
Submit a formal claim to the executor: Present an itemized, sworn claim to the estate’s personal representative (executor or administrator) within the statutory timelines governed by the Texas Estates Code.
Seek court approval: In a dependent administration, or if a claim is disputed, probate court approval may be required before the executor pays the claim. In a Texas independent administration, which is more common, the executor generally has authority to evaluate and pay valid Class 1 claims without obtaining a specific court order for each payment.
By understanding how Class 1 priority works under Texas Estates Code § 355.102 and keeping detailed records of your out-of-pocket costs, you can help ensure your claim is properly presented and positioned for reimbursement.
Texas law assigns the highest statutory priority to reasonable funeral expenses paid on behalf of a decedent, placing properly filed claims near the front of the line when the estate distributes assets. Presenting a complete, timely claim, with itemized receipts and sworn documentation, gives claimants the strongest foundation for recovery. When the estate is large, disputed or complex, a Texas probate attorney can help navigate the process and protect the claimant's position.]]>On Behalf of Doehring & Doehring Attorneys at Law<![CDATA[Top 3 reasons people do not make estate plans]]>https://www.doehringlaw.com/?p=533432026-08-21T18:24:29Z2026-08-21T18:24:29ZOn average, only about 1/3 of all Americans have drafted an estate plan. This means that most people do not have a will, they have not created a trust and they have not taken other steps to plan for the future, such as setting up a power of attorney.When someone passes away without an estate plan, it can significantly complicate things for their family members and increase the odds of conflicts and disputes. So why is it that people fail to take such an important step?
They do not know where to start
In some cases, a person will simply be confused about how to get the process started. What paperwork do they need to write a will? What financial disclosures are necessary? Where do they file that paperwork? This is why it is so important to start looking into your options, as getting the process underway can help to make things feel a bit simpler.
They do not think they need a plan
Some people make the mistake of thinking that it is not necessary for them to create an estate plan, perhaps because their net worth is relatively low. But an estate plan can also address things like family heirlooms, future medical decisions and much more. Regardless of the value of your estate, planning in advance is important.
They believe they have more time
Perhaps the top reason that people do not make an estate plan, though, is that they are putting it off until they are older. This is a very risky form of procrastination, however. In many cases, it is best to write an estate plan early and then update it periodically, rather than waiting for a more advanced age.If you do not have an estate plan yet, perhaps for one of the reasons noted above, it can be helpful to work with an experienced attorney to explore your options.]]>