I frequently field questions where a landowner is trying to decide whether it would be better to transfer his or her property to the next generation (or their identified heir) while the landowner is still living, or wait until the landowner has passed away.  I always try to outline the pros, cons, and highlight two other options here in Texas that may allow a landowner to receive the pros and avoid the cons of a transfer prior to death. Pros of Transferring Property Prior to Death There are… Read More →

When people hear talk of the probate process, they may cringe and have an idea that probating a will or going through an estate administration if someone dies intestate (without a will) should be avoided at any cost.  Fortunately for those of us who live in Texas, the probate process is not nearly as onerous as it may be in other states.  Thus, while there may be situations to seek out an alternative to the probate process, it is certainly not a goal that exists for every estate. … Read More →

A recent case illustrates the law related to testamentary capacity and shows the kind of testimony that is relevant in cases where a challenge to capacity occurs. Background Ava Mahaffey signed a will and a self-proving affidavit on October 25, 2016.  The will was witnessed by Morgan Wayne Dale and Elizabeth Jesko, the attorney who drafted the will.  The affidavit was notarized by Jesko’s assistant. The will made bequests to three of Mahaffey’s sister, but excluded the fourth sister, Ms. Crosswhite.  The residuary clause left Mahaffey’s residual estate… Read More →