Estate Lawyer

No, an executor generally cannot sell property before probate. Your authority begins only after a court grants Letters Testamentary. However, emergency sales, state-specific loopholes, and strategic workarounds exist. Let’s break down when—and how—you can act fast. Imagine the roof of your late father’s house is caving in, but probate could take months. As executor, you’re…

Most TSP (Thrift Savings Plan) accounts avoid probate if beneficiaries are properly named. However, probate may be required if: Why TSP Accounts Typically Avoid Probate The Thrift Savings Plan (TSP), the federal government’s 401(k)-style retirement program, is designed to bypass probate when beneficiaries are correctly designated. Here’s how it works: 1. Beneficiary Designations Override Wills…

Most IRA beneficiaries avoid probate if a beneficiary is named. However, probate may be required if: No beneficiary is listed, The named beneficiary is deceased, The estate is the beneficiary. Why IRAs Typically Avoid Probate IRAs (Traditional, Roth, SEP, SIMPLE) are non-probate assets when beneficiaries are properly designated. Here’s why: When IRA Beneficiaries Do Go…

Hiring a probate attorney is often essential for addressing the complexities of estate administration. But what if your attorney isn’t meeting your expectations? Can you fire them? The short answer is yes, but there are important considerations to ensure a smooth transition and avoid unnecessary complications. This guide explains your rights, the steps to take,…

Yes, you can probate a will yourself in Texas if: The will is valid (signed by the testator and witnesses). There are no disputes among heirs. The estate qualifies for independent administration (common for most Texas estates). Losing a loved one in Texas is tough enough without the added stress of legal fees. But here’s…

Yes, you can probate a will yourself in all 50 states if the estate is straightforward. However, complex estates (e.g., disputes, debts, or out-of-state property) often require legal help. Losing a loved one is emotionally exhausting—and the idea of handling probate court alone can feel irresistible. But what if you could probate a will yourself…

An executor can resign after probate begins, but they must get court approval first. Resigning without following state-specific procedures can lead to fines, delays, or even personal liability. Losing a loved one is hard enough without the added stress of managing their estate. But what if you’ve taken on the role of executor and realize…

Most of the time, probate is NOT required if assets are jointly owned with rights of survivorship. The surviving owner automatically inherits the property. But probate may still be needed if: If you and your spouse (or family member) own everything jointly, you might assume probate isn’t necessary. And in most cases, you’d be right!…