The Dean Law Firm Blog

By Julia Pullin

Texas is one of nine community property states in the United States. Texas’s community property system stems from the 1845 Texas Constitutional Convention, where a delegate declared that the community property system would prevent a wife from being “forced to ‘sit weeping by, and see the whole of her property wasted in the midnight frolics by a drunken or gambling husband”.(1) Another delegate stated that without the community property principle of separate property, the vices of the husband might reduce the wife or the daughter to the “drudgery of the wash tub”.(2)

The protection of women’s property was common in the western states, serving as inducement for wives to follow their husbands to the frontier. This also allowed for women to benefit from the increased value of property during the marriage, even if they entered the marriage with no property of their own, and recognized their contribution as a stay-at-home wife to provide equal sharing of total earnings of both spouses.
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By Julia “Jules” Pullin

If you’re pondering resolutions to choose for 2023, consider resolving to establish your estate planning documents, such as a Will or Living Trust. A 2022 survey by Caring.com revealed that only 1 in 3 Americans had estate planning documents, such as a Will or Living Trust. Below are the top four excuses that Americans give for not creating an estate plan.

• I haven’t gotten around to it.
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By Julia “Jules” Pullin

It’s a common plot line in soap operas and movies – the main character receives a phone call letter from an attorney’s office saying that they’ve inherited a fortune from some distant relative. While seemingly improbable in real life, this situation occurs more often than you think. If you don’t have a contingency plan in your estate, or if you do not have a Will, then your estate could be distributed to distant relatives.

This person who inherits the fortune is called a laughing heir. A “laughing heir” is an heir of the estate whose relation is so remote to the decedent that they feel no grief over the death, and “laugh all the way to the bank” to collect their inheritance.
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By Julia “Jules” Pullin

Everything’s bigger in Texas, including family feuds. Feuds over a wealthy family member’s estate is a spectator sport, especially as all court filings are public record. These lurid Houston probate cases filled our newspapers with tales of murder, will forgeries, and false spouses or children.

1. The Estate of William Marsh Rice: Millionaire William Marsh Rice signed an 1893 Will granting a sizeable share of his estate to the Rice Institute. Rice’s attorney, Albert T.
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By Julia “Jules” Pullin Attorney at The Dean Law Firm

When I assist my clients with their estate plan or a probate, I am often asked what a word means in “plain English”. Reading your Will shouldn’t require you to have a legal education, so below I’ve defined common legal terms used in Wills or probate in “plain English”.

• Per Stirpes – a Latin phrase referring to the distribution of your estate if one of your beneficiaries, such as a child, predeceases you.

By Julia “Jules” Pullin

The death of a family member, a secret will, a disinherited beneficiary, unknown lovers or children, and courtroom contests are often used as plot devices for movies and soap operas. While scandalous Wills and dramatic probates are fun to watch, certain Will myths tend to be recycled by Hollywood, leaving people confused about what actually happens when a Will is probated. Many clients have asked me if certain Hollywood tropes about Wills and probate apply to their own case. I’d like to separate fiction and reality once and for all for these myths.

1.
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By Julia “Jules” Pullin

Hollywood has produced compelling movies surrounding estate plans, many of which include lessons for your own estate plan. Some notable examples include:

A Series of Unfortunate Events (2017, PG), which follows the Baudelaire orphans after their parents die in a fire. Their parent’s fortune is inaccessible until the oldest child, Violet, turns eighteen, so the Baudelaire orphans must dodge the nefarious plots of fortune-stealing Count Olaf and solve the mystery of the VFD. Lesson: If you have minor children, appoint a guardian for your children and leave your children’s inheritance in a trust to ensure their comfort and security.

In The Ultimate Gift (2006, PG), Jason receives an unexpected windfall after his grandfather’s death.

By Julia “Jules” Pullin

Owning a rental property may seem like a good way to earn an income stream, especially if you rent multiple properties. The rental market in Houston is surging, as the population of the City of Houston grew by nearly 10% in the last decade, according to the most recent census, and is expected to continue to grow, thus increasing the number of potential renters.

However, if you rent property owned solely in your name, then you may be exposing yourself to an enormous liability risk. If an accident were to occur on your rental property (such as a slip and fall in the shower, a pipe bursting, or an electrical fire due to faulty wiring) you would be personally liable for any damages incurred by the tenant. The tenant’s medical bills, property damages, or even a court judgment could be collected against your personal bank accounts and property.
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By Julia “Jules” Pullin

If you or someone you know has experienced the Texas probate process after a loved one’s death, then you know that probate involves hiring an attorney, appearing before a judge, and several months of administration. Probate may even last several years because of a beneficiary or creditor contest, resulting in your inheritance being spent down by attorney’s fees.

Even if you have a Will, your assets will not automatically transfer to the beneficiary upon your death. Instead, the Will must be approved by a judge and go through probate administration in order to transfer title to your assets to your beneficiaries. In addition, the Will is considered public record, so anyone with internet access could view your probated Will online or request a copy from the county clerk.
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By Julia “Jules” Pullin

Attorney at The Dean Law Firm, PLLC

Probate Myth #1: My spouse died, but I don’t have to go through probate to transfer the house or car because it’s owned in both of our names, so it all automatically passed to me.

This is the most common probate myth, and it possibly the most damaging one. In Texas, property purchased between two people (such as a husband and wife) does not transfer automatically to the surviving owner after death of an owner unless the deed also includes language that the property was purchased with rights of survivorship. This is very rare when buying a house, because most title companies will issue title into the husband and wife’s name as tenants in common, without mention of survivorship rights.

What does this mean? Let’s say that Husband (H) and Wife (W) bought a house together during marriage.

By Julia “Jules” Pullin
Attorney at The Dean Law Firm

Many parents with children who are special needs or who rely on needs-based government assistance, such as Medicaid and Supplemental Security Income, make the heartbreaking decision to disinherit their special needs child in order to avoid disqualifying them from the much-needed assistance. Often, parents choose to give their wealth to one child over another, with the intent for the well child to care for their disabled or incapacitated sibling. Unfortunately, this plan often backfires, as the funds could run dry too soon, or the well child could mismanage the funds, or the well child could be sued and the funds intended for the disabled child are used to satisfy a judgment against the well child.

There is a middle ground between completely disinheriting your special needs child and allowing your special needs child to inherit but disqualifying them from government assistance. You can implement special needs trust planning inside your estate plan to allow your special needs child the benefit of your inheritance but also preserve their right to receive government assistance.