Muniments of Title in Texas
Texas. That word alone evokes varying images and emotions in everyone’s hearts and minds. Perhaps that word makes you envision rugged landscapes, longhorn cattle, and oil derricks. Or perhaps the historic Alamo and resolute individualism come to mind. In all likelihood; however, you probably won’t think about Muniment of Title. Like many things unique to our state, Texas is the only state in the nation that allows for a form of probate called Muniment of Title which will transfer both real property and personal property. Although a couple of other states offer this option for probate, they limit Muniments of Title to the transfer of real property only. What is Muniment of Title exactly? A Muniment of Title is a probate proceeding that allows for the probate of a Will without the necessity of the appointment of an executor. The word “muniment” means a document that proves ownership of property. Having a Will admitted to probate as a Muniment of Title is a way to transfer property and provide a link in the chain of title to the property owned by the decedent with the beneficiaries inheriting under the decedent’s Will. Why Use a Muniment of Title? There are
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Estate Planning for Blended Families
According to the Pew Research Center, two-parent married households are declining while rates for divorce, remarriage and cohabitation are growing. Today, 40% of births occur to women who are not married, and less than half of kids are living with two parents who are both in their first marriage. At the Heights Law Group, we work with a lot of blended families. By “blended families,” we mean clients that are married, but have children from a prior marriage or relationship. Estate planning with blended families is not one size fits all. As such, we wanted to dedicate today’s blog to examining more about the unique challenges faced when drafting wills and trusts for blended families. Blended families require a different approach Take a “traditional” family, with two married parents who are on their first marriage and have children from that marriage. When the first spouse dies, most couples are confident that the surviving spouse will make it a priority to provide for their children. This makes sense- the children are just as much the children of the surviving spouse as they are of the spouse who is deceased. The financial obligations for the couple’s children will now rest solely
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