FAQS
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September 15, 2022
Manufactured/Mobile Homes: Real or personal property?
Manufactured/mobile homes: Real or personal property? Buying and selling real property or land with a manufactured or mobile home (“MH”) can be confusing and tricky if you don’t know what you are doing. Generally, a MH is treated as personal property and is regulated by the Manufactured Housing Division of the Department of Housing and …
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September 15, 2022
How did the 2021 Legislature Affect Property Owners Associations (HOAs/POAs)?
How did the 2021 Legislature Affect Property Owners Associations (HOAs/POAs)? There were quite a few changes in the 87th Legislative Session in 2021 that affected Property Owners Associations. Below is a summary of those changes: Texas Property Code § 82.1141 was added to incorporate provisions for keeping and producing records by condominium associations similar to …
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September 15, 2022
Do you have a simple estate and want to avoid probate?
While generally speaking, probate is typically not difficult or expensive if you have a well-designed estate plan. However, if you do not have a complex estate, you may desire to plan for probate avoidance. Transfer on Death Deeds (TODDs) can be used to pass real property outside of the probate process and you can read …
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September 15, 2022
What is the HEMS Standard?
What is the HEMS Standard? HEMS is an acronym for Health, Education, Maintenance, and Support. The HEMS standard is often used in trusts to give the trustee broad direction in determining how to provide funds to the beneficiary(ies). Health covers the healthcare needs of the beneficiary. Education covers tuition, room and board, and other relevant …
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September 7, 2022
HOW OFTEN SHOULD YOU REVIEW YOUR WILL AND OTHER ESTATE PLANNING DOCUMENTS?
How often should you review your Will and other estate planning documents? If there is a death, birth, adoption, divorce, or other life-changing events in your life or the life of a beneficiary, executor, trustee, guardian, or power of attorney, it is worthwhile to review your estate planning documents to see if any changes need …
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September 7, 2022
WHY YOU NEED A WILL, A SCENARIO.
Why you need a Will, a Scenario: Decedent died intestate (without a Will). Decedent has 3 children from a prior marriage. Decedent remarried and had been married to his current wife for 20 years when he passed. Decedent had a farm he inherited (separate property), a homestead house purchased with his current spouse (community property), …
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September 7, 2022
CAN I USE AN AFFIDAVITS OF HEIRSHIP TO SELL REAL ESTATE OF WHICH I AM AN HEIR WHEN THE DECEDENT DIDN’T HAVE A WILL?
Can I use an Affidavits of Heirship to sell real estate of which I am an heir when the Decedent didn’t have a Will? Possibly. Affidavits of Heirship (“Affidavits”) are not like a deed that conveys title but rather is evidence of who the heirs are to complete a chain of title so the heirs …
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