A life estate is an ownership agreement over a piece of property. It gives one person the right to remain in possession of the property for the rest of their life and another the right to own the property afterward. The person who holds the life estate for their life is called the life tenant. The person who owns...
Continue ReadingIf you are receiving an inheritance, you are probably wondering: Is there an inheritance tax in Texas? Understanding the tax implications of passing down an inheritance is also critical when planning your estate. There is no inheritance tax in Texas. However, if you are inheriting property from a person who lived in another state, you might have to pay...
Continue ReadingTexas law recognizes common-law marriage as valid and enforceable. And although there are a number of pros, there are a few cons of common-law marriage to be aware of as well. Entering into any marriage is an important decision. Thus, before moving forward with common-law marriage, make sure you have a basic understanding of both the advantages and disadvantages....
Continue ReadingYes, under Texas law, same-sex common law marriage is permitted. That said, before you move forward with entering into a common law marriage, there are a few things you should know. In this blog post, we will discuss the history of and requirements for same-sex common law marriage in Texas. When you have questions about common law marriage and...
Continue ReadingLitigation over inheritance is never pleasant. Families can be torn apart when someone believes they are not receiving their fair share, whether right or wrong. The best strategy is to avoid these situations before they happen by enacting a litigation-proof estate plan. Doing so will save your family money, time, and heartache. An experienced attorney at Robbins Estate Law...
Continue ReadingTexas probate courts handle the distribution of a person’s property if they die and leave property that has not been transferred via trust, joint ownership with a right of survivorship, or direct payments. However, not all of a decedent’s property and debt must go through probate. How long does probating an estate without a will take? The answer depends...
Continue ReadingMyths and misconceptions about common-law marriage are everywhere. For example, some people worry that just because they live with someone for a certain amount of time, they’re automatically married under common law. Others assume they’re in a common-law marriage because perhaps they own property together. However, a valid common-law marriage in Texas requires proof that you and your spouse...
Continue ReadingA “fiduciary” refers to an individual or entity with a legal duty to act in the best interest of someone else (the beneficiary). These relationships typically arise in the context of a business or professional relationship. However, the idea of a fiduciary relationship has a broad meaning and includes technical and informal relationships that occur whenever one person trusts...
Continue ReadingThe Internet is one of the most common methods to find an estate planning attorney. Search terms such as “best estate planning attorney in Austin” are among the top inputs. The results that appear toward the top are often directories that include a large number of estate planning attorneys. While some directories and lists may legitimately vet the attorneys...
Continue ReadingSeveral factors can complicate the estate planning process. Having properties in multiple states is one of them. Moving to a new state or splitting time between states is another. It’s essential to consider these factors when formulating or updating an estate plan. In general, state courts only have authority over property within the state. This limitation means that many...
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