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A handwritten will can be costly to uphold for your family. There are many loopholes that can invalidate this type of will. If you are planning to leave your estate to your family with a handwritten will, it could cost tens of thousands of dollars to determine your beneficiaries. You need a clear plan for your estate, and you need to know the costs ahead of time. We can help you with a plan to determine the best option for your family.
In the state of Texas, a married person who has children or doesn’t have children can leave his/her estate as community property to his/her surviving spouse upon death. When a married couple agrees in writing that all or part of their community property goes to the surviving spouse, this is called a survivorship agreement.
If property other than real property must be transferred to your heirs’ names, simpler methods cannot be used. It has to go through a court process to be completed. Then a costly application a proceeding to declare heirship will need to be filed with the court.
Contracts like term life insurance and whole life insurance policies have no cash value until the insured person dies. The policy benefit is paid to your beneficiary when you die. It is important to name a beneficiary by their legal name. If you write terms like “my estate” or “my heirs,” then probate will determine who gets your estate. It can make it difficult, and it can be a lengthy process for the policy benefits to be paid out to the beneficiary if you use those terms.
What happens to your debts after you die? The deceased person’s estate owes the debt. If there isn’t enough money left to cover the debt, then it may go unpaid. Your survivors may be responsible for the debt if they co-signed for the obligation or live in a community property state. In California, the deceased person’s spouse and state law requires repayment of certain debt like health care expenses. You may be legally responsible for resolving the estate if you didn’t comply with certain state probate laws.
Under the FDCPA, collectors can contact and discuss a deceased person’s debts with the; surviving spouse, parents (if the deceased was a minor), guardian, executor, and any other person authorized to pay debts with assets from the deceased person’s estate.
A trust offers many more benefits than a will, it also helps your loved ones avoid court probate process to allocate beneficiaries to your estate.
You should consider a trust if you want to give land after you pass, and you would like minimal court costs for your loved ones. It also protects anonymity along with other great benefits, such as being able to name beneficiaries and change them anytime.
You can include any personal property or assets, that do not already have a contractual obligation or named beneficiary already.
If the person giving the gift does not pay the necessary tax, it is the responsibility of the beneficiary.
We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call.
Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient.
We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call.
Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient.
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Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230
Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230
Fields marked with an * are required
Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230