Do You Really Need a Will?

April 24, 2018 9:10 AM Tyler Edmondson

Do You Really Need a Will?

So, most of you reading this are probably in your forties and fifties and have the rest of your life in front of you. Still being so young you are probably thinking, “Do I need a will?” You may feel that you still have several years of life and are in good health, so why should you think about the end when you are in the middle of your life? That is because it is never to early to plan for your future. You have planned for the future your whole life. You chose what you wanted to do as a career. You invested in your future in order to have a comfortable life. Now that you have a comfortable life you need to plan accordingly so that you know your estate will be looked after as you see fit.

Have Your Wishes Known

You have spent your whole life building up your estate. Do you really want your estate to go into disarray when you do pass on? Of course not. At the same time, you need to make sure that your estate matters are all squared away, hopefully not when you are older or sick, but while you are young and thinking clearly. You will be able to plan out a more precise Will that can have everything that is important to you written down and met. Also, if you establish your Will in advance, you will be able to make changes as you see fit. By having a Will in place, you will not have to worry about your relatives feuding over the estate because your wishes will be there in black and white with no room for debate.

Estate Planning Attorney in Wylie, Texas

Hopefully, it is clear that it is really never too early to plan ahead and have a Will drawn up. In order for a Will to be legitimate and a legal binding document, you must have a professional law team work with you in drawing up the document. You do not want to rely on a generic legal website to draw it up plus; it is possible the legitimacy of the document may come into question. If you need a Will or any legal document drawn up, do not delay and contact Edmondson Law, PLLC today.

Information, Not Legal Advice. We provide the information on this website as a public service. The legal landscape is constantly changing and being modified by state law and case law. As a result, we cannot promise that this information is always up-to-date and reflective of the most current jurisprudence.

We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through our number (972) 442-8326 or contact another attorney of your choosing.

Muniment of Title

April 17, 2018 9:56 AM Tyler Edmondson

Muniment of Title

A Muniment of Title is primarily a legal document that shows the ownership of an asset. This word derived from the Latin phrase munimentum which means: written evidence of title to property. This would include titles, deeds, Wills, and even court judgments. So, essentially what this means is that an heir to an estate may file this type of action for probate of the Will by a Muniment of Title. This is mainly the petitioner asking the court to recognize them as a beneficiary of the properties in the estate and requesting that the property titles be transferred to them. You may wonder what the benefit to this is over a standard Will as it bypasses the administration of the Will. This means that the muniment route can be a more natural and less expensive way of settling the descendant’s estate.

Why Do You Need a Muniment of Title?

Let’s say a person has died leaving property behind in Texas and it is in that person’s name. At this point, the property cannot be sold or leased without the person’s signature on the documents. Because of this, the name of the descendant must, therefore, be removed from the title in order to allow his heirs to sell or transfer the property. A Muniment of Title makes it possible for the heirs of the property to do that. To establish a Muniment of Title, there are a few requirements. One is that the descendant must have died leaving a Will and real properties in Texas. The second is that the probate court must have jurisdiction over the estate of the descendant, and also that a citation has been served in return. Three, the estate cannot have any outstanding debts, except obligations that are secured by liens on the estate. And finally, there’s no need for administration of the estate.

Wylie Estate Planning Attorney

A Muniment of Title can make the whole process simpler when the descendant of an estate has passed. There are some requirements as was mentioned above. If your estate meets these requirements and you are looking at the future for your heirs, then perhaps you should consider a Muniment of Title. Regardless, if you go with a Muniment of Title or anything else you should weigh your options with an attorney that specializes in Estate Planning. Edmondson Law, PLLC specializes in estate planning and is here to help you weigh your options and make an educated decision on the future of your estate.

Letter of Testamentary

April 16, 2018 4:43 PM Tyler Edmondson

Letter of Testamentary

A Letter of Testamentary is essentially a document that is issued by the court or public official authorizing the executor of the will to obtain control of the deceased’s estate. So, what is this mean exactly? It means that it’s legal proof that the person who is going to be the executor has control of the estate. The executor is responsible for a variety of things. For example, it can be the executor’s job to inventory the estate, pay off outstanding debts, and distribute the estate accordingly to the will. When dealing with banks or other financial institutions, estranged family members, or anyone else, this letter is the proof that you will need to get business done accordingly. By having a letter of testamentary the whole process of dealing with an estate after a loved one has passed can be much simpler.

Have a Letter Drawn Up Before It’s Too Late

A Letter of Testamentary is as important as a will itself. The problem, however, is that many people procrastinate on getting these documents drawn up and that can be very problematic. If your loved one never gets a Will or Letter of Testamentary drawn up, you could have a much tougher time trying to handle the affairs of the estate. It is for this reason that you need to have all of the important estate documents completed as soon as possible. This can include a will, Letter of Testamentary, muniment of title, or anything else. We understand it’s something that you don’t want to think about because it means the inevitable passing of your loved one. But you will want to make things easy for your loved ones and have these documents drawn up before it’s too late.

Estate Planning Attorney

To get these documents drawn up, you need a competent law team that knows the ins and outs of Estate Planning in Texas. This way you know that the documents you have drawn up will be right and true and legally binding. So, if you feel it is time to having documents drawn up for Estate Planning then contact Edmondson Law, PLLC today. Our expert team of lawyers will help you through this difficult and complicated process.

So What Is a Probate of the Estate?

April 11, 2018 3:57 PM Tyler Edmondson

So What Is a Probate of the Estate?

What is a probate estate all about? Essentially a probate estate is all of the assets that a person owns at the time of his or her death are subject to probate administration. Probate administration is essentially the process of proving to the court that a final Will and Testament is actually legitimate or genuine. And as such, there are several types of assets that comprise a probate estate. A few examples are all assets held in the deceased name, assets the deceased owned as a tenant in common with other persons. This can include any assets payable to the estate because the estate is the designated beneficiary or the asset has no designated beneficiary, amounts owed to the descendent before the death but was paid in full after death, and household items such as jewelry or other precious items.

A Very Complicated Process

All of this may seem very complicated. The reality is that it is complicated. If you have been chosen to be the executor of an estate, then you have to go through the legal process of making sure that the estate is handled in the manner that the deceased wanted. So by having probate of the estate you are proving that the person’s final wishes are truly their final wishes. Then you can go about dissolving the estate accordingly. This is definitely a task that is complicated and perhaps not best tackle alone. This is especially true if you have no legal background. In order to make this as painless as possible, you should really seek legal assistance. By having a competent team of lawyers helps you with the probate process you will have a much easier time probating the estate.

Estate Planning Attorney in the Murphy, Texas Area

If you have recently been named the executor of an estate and need to go through a probate process, then you really shouldn’t take it on alone. You need to team up with a set of lawyers that know the Texas estate law in and out. Edmondson Law, PLLC specializes in estate planning and will be able to help you probate the estate efficiently and in a timely manner so that you can continue with your life. So if you are faced with probating an estate then don’t delay and give Edmonson Law a call today.

Don’t Be Pushed Around

April 10, 2018 3:57 PM Tyler Edmondson

Don’t Be Pushed Around

Separation can be a very trying time. You spent years building a life with someone just for it to end and the two of you go your separate ways. The separation can be much tougher if children are involved. Because both parents clearly love their children, they want to be with their children as much as possible. The problem with this is that it is physically impossible for the children to be in two places at the same time. So, by the very nature of separation, it is inevitable that one parent is not going to have their children while the other parent does. This, of course, can cause problems and conflicts over who is going to have the children and when.

Court Ordered Visitation Rights

If you are facing a separation, then it is highly probable that you’ve already contacted your lawyer. The court system will declare who’s going to have primary custody and who will be given visitation rights. Typically, these visitation rights can be on the first, third, and fifth weekends of each month. The person that does not have primary custody can also have a month out of the summer visitation rights. In some cases, the person that does not have primary custody will also have the child, or children, one night during the week. The court tries to be fair in its decision to ensure that both parents will have a significant role in raising the children. Many times, however, the parent that did not get primary custody might not be happy with this. As a result, they will push and push and push in order to have weekends that are not court ordered, days that are not listed in the court documents, or different times in the summer than their designated month.

Family Law Attorney

You can’t blame the other parent for pushing. If you give in, however, you will set a precedent and that other person will continually push for more visitation than what the court has ordered. This could very well result in you losing some of your power or control in the situation and not play as big of a role in your child’s life as the court had initially deemed. You cannot allow this to happen; you must stand your ground and get the help of a professional lawyer. If you are facing a separation and children are involved then you need an experienced law team on your side to ensure that you will have the maximum role in your children’s lives. So, if you are facing a separation and you have children who are involved, then please do not delay and call Edmondson Law, PLLC today.