Forreston, TX Estate Planning Law Firms & Lawyers

Is the property held as tenants in common or is the property held by the estate. That makes a big difference. If the individuals mown the property as tenants in common, is it possible to partition. This is complex question, you should probably gather the specifics and sit down and met with an attorney to address the options and costs.

Having or not having a Will is not determinative of whether probate is necessary. Depending upon the total value of all of your uncle's assets that do not have named beneficiaries, joint tenants or held in trust will determine if a probate is necessary. You may need a simple affidavit, to proceed with a set aside petition or you may in fact require a probate to administer your uncle's assets. You probably should consult with counsel about the specific facts of your case, or you may try to navigate the probate arena on your own and utilize the forms available at the self help center at Family Court.

Living trusts are excellent devices for older couples that are very organized. In order to make a living trust work, you have to transfer assets regularly into the trust as opposed to personally owned. ?You have to track asset sales (if you sell a car owned by the trust, the proceeds are trust money not personal money. With younger couples, there is a tendency to ignore the technicalities of the trust and treat all assets as personal, then when there is a death the judge has no choice but to declare the trust has no assets and then you don't have a will or a trust. As an aside, there are a number of shady life insurance or investment salespeople who push living trusts very hard like they are the solution to every problem but what happens is the second they get your payment for the life insurance, they disappear and you get no help in implementing and maintaining the trust. A living trust is a way to avoid the costs of probate but the cost of a properly executed living trust - for most families is more than the cost of probate. ?Obviously, a wealthy family (assets in excess of $10 million) has entirely different considerations, particularly a family that controls a successful business. For most couples, wills and a careful review of the non-probate assets - (life insurance, IRAs, 401(k)s, annuities, inheritances, pensions and various other assets ARE NOT CONTROLLED BY THE WILL - this is a particular problem where the couple isn't married) are the best option.