Real Estate, Probate and Family Law Blog

Ultimately, taking the time to prepare with a thought-out estate plan that consists of a will or a living trust is one of the best things you can do for your family. Professional Texas attorneys such as John Hixson have been helping families do that for years in Arlington and the surrounding community. This helps your loved ones to grieve without having to make important decisions or deal with lengthy paperwork at a difficult time.

Understanding The Differences Between Wills & Trusts

One main difference between wills and trusts in Texas is that one goes into effect after someone dies and the other takes effects as soon as it is created (a trust). A will is a legal document that directs who will receive property at someone’s death. It also appoints a legal representative to carry out the wishes of the will. While a trust is used to begin distributing property before death, at death or even after. A trust is a legal arrangement through which one person or institution such as a bank or law firm, known as a trustee, holds the legal title to property for someone else known as a beneficiary. A trust typically has two beneficiary types: one that receives income from the trust throughout their life or another that receives whatever is left after the first set of beneficiaries pass on.

A will covers any property that is only in the beneficiary’s name when they die. It doesn’t cover anything in a trust or in joint tenancy. A trust, however, covers only property that has been transferred directly to the trust itself. Also, a will passes through probate. That means that a court oversees that the will is valid and the property is distributed accordingly. A trust passes outside of probate, so a court isn’t required. This saves both time and money for living family members.

If you or a loved one need help with wills & trusts in Arlington or the surrounding communities, call 817-261-5000 today to speak to a professional estate planning attorney.

A will, also known as a last will and testament, helps to protect both your family and your property. A will can be used to:

• Name an executor, the person who is responsible for carrying out your wishes
• Name a trusted person to manage property that you leave to minor children
• Name a personal guardian to care for your minor children
• Leave property to people/organizations

Will preparation by a professional wills & probate Texas attorney helps to ensure that you and your family are prepared for the worst. It is one of the most selfless decisions you can make for your family as they are given time to grieve when it is needed and not to resolve your loose ends.

What happens if I die without will preparation in Texas?

In the state of Texas, if you die without a will, your property is distributed according to state intestacy laws. This means your belongings go to your closest relatives starting with your spouse or children (if applicable). If you have neither, then your grandchildren or parents get your property. The list continues until the court is able to find living relatives to give your things to.

A professional wills preparation lawyer will work with you to prepare your will perfectly. They will ensure that everything is thought of when it’s most important. You will be protected when you need it most. Professional will preparation is more than just paperwork, it is years of experience analyzing situations to advise you on the best way to accomplish your wishes.

If you or a loved one need help with will preparation from a professional attorney in Texas, call 817-261-5000 today.

The wealth you’ve earned in your lifetime can help your family to continue on without you after your death. A properly-drafted and administered trust can help protect your assets. With legal guidance from an estate attorney in Arlington, you can both design and administer your family’s trust in a way that benefits them the most. This can include irrevocable, revocable, marital, charitable, generation-skipping transfer, or grantor retained annuity trusts.

Trust Administration Laws in Texas

The laws concerning trust administration are found in the Texas Trust Code, the court decisions interpreting said trust law and in the trust instrument. This code allows trustees to administer trusts according to the terms of the trust document and the provisions of the law codes in the state of Texas. A trustee is a fiduciary, who is responsible for carrying out the wishes of the person who appointed them as such. Some of their responsibilities include:

• Administering the trust in the interest of beneficiaries
• Keep beneficiaries informed of the trust and any updates regarding it
• Invest/manage trust assets as an investor (if applicable)
• Take action to collect claims due to the estate

Ultimately, a trust in the state of Texas isn’t a legal entity. It is simply a relationship where a trustee acts as an agent for beneficiaries, whether income or remainder. Beneficiaries may ask the trustee for an accounting of the estate at any time. It is their duty to allow you to look at the books and to keep copies readily available. As you can see the process of trust administration is difficult, making it increasingly important to hire a legal professional to represent you and to guide you.

If you or a loved one need help with trust administration from a professional Arlington estate lawyer, call 817-261-5000 today to learn what they can do for you and your family.

When your property rights come into dispute and something you’re entitled to has been taken from you, you need a title disputes lawyer in Texas who will represent your interests. Whether the dispute is about ownership or your rights to something else such as easements, John Hixson can help you. He helps litigate or negotiate title disputes for his Texas clients.

Ultimately, a title issue can stop a real estate transaction from completion. A clean title is the difference between a transaction going through or not. A title issue can stall a sale or purchase of a home or property indefinitely.

What types of disputes can a Title disputes lawyer help with?

Ultimately, determining who has the title to the real estate and the rights associated with the real estate according to Texas law can be difficult to understand. The history must be traced through land records and deeds/conveyances must be examined and interpreted properly.

A titles disputes lawyer can help with:

• Easement disputes
• Boundary disputes
• Disputes over who the right to convey
• Disputes over which property a deed actually conveys
• Disputes over trust property conveyed by a trustee
• Disputes over oil/gas titles

When it comes to real estate, the stakes can be high with litigation over titles. At John Hixson, we understand you need personal attention to your case for the best possible results. Because these issues require close attention to detail and understanding of the law, it is advisable to always hire a legal professional to help you with title disputes in and around Arlington, Texas.

If you or a loved one need legal advice from a title disputes lawyer in and around Arlington, Texas, call 817-261-5000 today.

Small estate laws in Texas were created to enable heirs to obtain property of the deceased without the need for probate. They also can shorten required probate proceeds when certain conditions were met. Small estates can be administered quicker and cheaper too. If the deceased didn’t include everything in their trust, small estate laws may help. A professional estate lawyer in Texas can help determine what can be done with these issues following a loved one’s death.

How can a small estate affidavit help?

In Texas this small estate affidavit is executed by the spouse and/or the heirs of the deceased. It is presented to the holder of the property so as a bank in order to obtain the property. The main requirement in Texas to use an affidavit is that the value of the property does not exceed $10,000 USD. If it does, a summary administration is allowed. A summary administration is allowed for values of more than $10,000, but less than $20,000. A professional Arlington attorney can help you determine which legal document is required.

Texas law requires the filing of an affidavit within 30 days of the death of the decedent, that’s why it is so important to hire a professional attorney quick. After an affidavit is approved by the court, it can be used to collect debts owed to the decedent.

An affidavit must:

• Be sworn to by two disinterested witnesses
• Include all known estate assets and liabilities
• Include the name/address of each distribute
• Include any relevant fact concerning heirship that shows the distributee’s right to receive money or property.

If you or a loved one need help with small estate affidavit preparation from a wills & probate lawyer in Texas, call 817-261-5000 today.

Any legal matters involve tenant and rental properties or real estate transactions can become lengthy and costly legal battles if they aren’t dealt with properly. With the help of a real estate attorney in Arlington, Texas, you can save money, negotiate the best deal, ensure that any issues with tenants are resolved well and can also make sure that there is a smooth transfer of property (if applicable).

How a Real Estate Attorney Helps Property Owners

This real estate attorney will have experience with real estate law and helping property owners in many ways including and not limited to:

• Collecting for work performed
• Helping with title issues
• Preparing deeds to change the title of a property
• Advice regarding real estate transactions
• Preparation of contracts or other documents
• Closing services
• Document preparation or litigation to clear title to property
• Preparation of wills and trusts to help with smooth transfer of property after death
• Probate of a will to change the title of a property
• Heirship proceeding (in no will situations) to change the title to property
• Foreclosure services
• Filing liens

Landlord Representation in Arlington, Texas

Finding an experienced eviction attorney is important as they’re experienced with evicting a tenant legally. With the help of law enforcement, tenants are evicted. The goal is to evict people without someone getting hurt or their belongings being damaged in any way. Hiring a lawyer in Arlington to handle an eviction will save you stress, time, and money. They can handle your legal affairs with ease and ensure that every law is followed during this difficult process.

If you or a loved one need help with a real estate matter in Arlington or the surrounding communities, call 817-261-5000 today.

It’s hard to think about major life changes that may involved losing someone close to you. However, it’s smart to plan ahead for these situations before anything does occur. An experienced Arlington, Texas probate attorney can help make these transitions in life a little bit easier.

How Can a Probate Attorney Help You?

Some services that a probate attorney can help with include and are not limited to:

• Trusts
• Probate of wills
• Preparation of Wills
• Durable/medical power of attorney
• Living wills
• Affidavits of heirship
• Small estate affidavits

Ultimately, the most common estate planning starts with preparing a will. Creating a will removes any question out of a person’s wishes to who should receive their assets after they die. Arlington families should take the proper time to prepare a will that makes these life situations a lot easier when they occur.

Families want protection when it comes to estates. With the help of a probate attorney around Arlington, Texas, a trust can ensure smooth transfer of assets after a person’s death within a legal framework that was prepared ahead of time. Power of attorneys are important (and the preparation of these documents) as it takes the guesswork out of who should make healthcare-related decisions on the person’s behalf when they cannot.

In order for an estate to go through probate, a will must be set forth. It can be a time-consuming activity, however, with the help of an experienced probate attorney, the situation can be less stressful. Professional wills, power of attorneys or trusts will streamline the probate process for a family. Leaving no will or a poorly-prepared one will be costly and time consuming for your family.

If you or a loved one need help with a probate law matter in Arlington or the surrounding communities, call 817-261-5000 today.

A real estate deed transfers the ownership and/or title of a property from one party to another. It contains a legal description of the property and identifies who the buyer and the seller are. A real estate lawyer can draft this legal document easily. This written document is only one of the documents that are used in a majority of real property transactions.

What Does the Preparation of Deeds Contain?

Most sellers use an attorney in the preparation of a deed in Texas to make sure that all the requirements of a valid deed are satisfied. There are several reasons why this is important. First of all, it ensures that the real estate deed is correct and precise to avoid any uncertainties in the future regarding the title of the land.

Also, a real estate attorney in Arlington can include right of survivorship in the preparation of deeds, which means that if one owner of the property is deceased then his shares passes to the co-owner automatically. This is a great choice for married couples who want this automatic transfer without the need for probate of a will.

In Texas, there are five requirements in order for a deed to be valid. These include:

• Must be in writing;
• Be signed by the seller;
• Include the buyer’s name;
• Be delivered to and accepted by the buyer
• Contain the legal description of the property

Only a licensed real estate attorney in Arlington, Texas can prepare and execute this type of deed. John Hixson and his legal team are well versed in assisting clients in navigating the process of buying or selling real estate, financing transactions, and negotiating leases. If you or a loved one need help with preparation of deeds, call 817-261-5000 to speak to a professional real estate lawyer in Arlington, Texas today.

When you take the time to decide upon a power of attorney, you’re helping to ensure that decisions regarding your or someone’s health and finances are handled if an emergency occurs. Two of the most common issues for a durable power of attorney are related to healthcare and finances. An Arlington power of attorney can help you to draft these important legal documents.

How a Power of Attorney Can Help You and Your Family

A financial power of attorney in Texas is a legal document that grants your chosen representative the legal authority to act on your behalf in terms of finances. The official title given to them will depend on the state you live in. In Texas, they are called an agent or attorney at fact. This entitles this person to act in your best interests.

The power of attorney must be signed, witnessed, and notarized by the individual being designated as the agent. The power of attorney typically comes into play with divorce, death, or revocation.

In terms of a healthcare power of attorney, this individual makes medical decisions for you in case of emergencies. The durable power of attorney must be 18 years or older and competent to create a document as well as the individual who is creating the document.  They take over for you if a medical professional dictates that you lack the capacity to make your own health decisions.

With the help of an Arlington power of attorney lawyer, you can create a legal document easily. They can simplify the process and answer any questions you may have about the document. If you or a loved one needs help with power of attorney issues, call 817-261-5000 to speak to a professional attorney in Arlington, Texas today.

When you’re in the construction industry and provide materials, equipment, labor or services to a property, then you have the right to be paid on time. The most powerful tool for achieving this is by filing a mechanic’s lien against the property. This can create problems for the property, the construction project lender and property owner if they don’t pay you. However, there are several specific requirements of the state of Texas that must be followed and an attorney can help you to ensure the lien is filed properly.

Requirements with Mechanic’s Liens Affidavits in and around Arlington

When it comes to filing mechanic’s liens affidavits, you will have to follow many requirements in conjunction with Texas construction law:

• The lien must be recorded with the land recorded and appear on the title search of the property
• After the lien is placed, contract provisions put one party in breach, which creates pressure to resolve claims quickly.
• This lien allows you to file suit against many parties
• It sets a firm payment deadline in place
• If they don’t pay, the lien allows for the property to be sold at auction to fulfill the unpaid debt
• They are considered secured debt in bankruptcy and put the claimant at the top list to be paid

An experienced attorney can help assist you. As a contractor, your cash flow is your livelihood. You have every right to expect prompt payment that is on time in terms of the payment schedule. John Hixson will fight for your share of the proceeds of a project. These mechanic’s liens must be filed in a timely manner.

If you or a loved one need help from a construction lawyer in Arlington who understands mechanic lien affidavits, call 817-261-5000 today.