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A widely-held belief about probate is that it is long and expensive. That is often not the case. How long it will take and how much it will cost depend on a number of factors. In most cases, it is not a lengthy or horribly expensive process.

How soon must a Will be probated after death? In Texas, generally a Will must be filed within four years after the date of the death, but I encourage you to do it sooner rather than later. Neglecting to probate the Will can leave you in a more painful situation in the long run.

Are you considering selling a property and carrying the note yourself? Before you do, you will want to consider if you own the property, if carrying the note is a smart investment, if it is wise to take on the risk if the buyer can’t qualify for conventional third-party financing, and if you are willing to do the necessary legal work to protect yourself if the buyer defaults.

What is probate? Probate, while usually referred to as any legal action to handle an estate, is actually the administration of a Will upon the death of an individual.

Unfortunately, it's all too common for parents to put off estate planning to protect the settlement of their estates for the loved ones left behind because they don't believe they are old enough to think about this. Or, commonly, younger people believe estate planning is too expensive for them to take on at this stage in their lives. Neither of these things are true!

Estate planning is especially important for people with blended families in the state of Texas. Without a Will, probate issues can be complicated and the result may not be what the deceased person might have wanted. If you have a blended family, here's how to provide for your estate to pass as you desire.

Even if you are married, it’s not too late to outline how your property will be classified, how your joint finances will be handled, and how you will support children from prior marriages. Find out how to set up a postnup agreement for your estate planning.

When a loved one passes away, the answer to the question, "Do I have to probate their Will?" is often, "It depends." Texas has several shortcuts or alternatives to full probate that you may be able to utilize to avoid a costly and lengthy probate procedure. These include Probate as a muniment of title and an Affidavit of Heirship.

If an attorney handles incorporation for you, he or she should take all of the steps necessary to set you up to go forward conducting business according to sound legal requirements to preserve the protection that is a primary goal of incorporation. This would include filing a certificate of formation with the secretary of state, drawing up initial bylaws or operating agreement (for a LLC), drawing up minutes of the organizational meeting, issuing stock or membership interests (for a LLC), and providing forms for minutes on an ongoing basis.

Estate planning isn't just for rich or older individuals. Even young, single 20-somethings should start thinking about how their property will be distributed in the event of a tragedy. Drawing up an estate plan is not as much an action you need to take for yourself, but one you should take for your loved ones. There are 4 elements of an estate plan you'll need to draw up: a Will, a Statutory Power of Attorney, a Medical Power of Attorney, and beneficiary designations.