TALBOT & TALBOT, P.C. LAW FIRM

04/10/2026

WILL PROBATE DEADLINE
A will must generally be admitted to probate within 4 years after a person passes away.
If you miss that deadline, the will is usually barred from probate. However, there limited exceptions.

If more than 4 years have passed the will cannot be admitted to probate unless the applicant proves they were not in default. That determination is made by the judge after considering evidence at a probate hearing.

You must show the you were not negligent in failing to probate the will sooner and your are acting in good faith.

Examples when courts may allow late probate:
1. You didn’t know the person had died
2. You didn’t know a will existed
3. You relied on incorrect legal advice
4. Other reasonable circumstances preventing timely filing.

If the will is not admitted there are still ways to probate an estate using other methods although those procedures are usually much more expensive.

The important thing to remember is to always talk to a lawyer soon after a loved one passes away to determine what steps need to be taken so you can quickly and as inexpensively as possible settle the affairs of the decedent's estate.

03/02/2026

Does a Will Have to Be Probated in Texas?

A will must be probated in Texas to have legal effect and transfer assets. Probate validates the will through a court process and appoints an executor to distribute the estate. A LAST WILL AND TESTAMENT IS NOT ENFORCEABLE WITHOUT HAVING GONE THROUGH A PROBATE COURT PROCEEDING. The probate process includes validating the will, if one exists, and distributing the estate after addressing any debts, taxes, or other outstanding issues.

The purpose of probate is to ensure that the deceased person’s estate is properly administered, that outstanding debts and taxes are paid, and that the remaining assets are distributed to the rightful beneficiaries or heirs.

A will must be submitted to the probate court within four years of a person's death. During a hearing on an application for probate of a will the court will determine if it is a valid legal document through an evidentiary hearing. The probate law requires you to see the assistance of an attorney to help you with the probate administration process.

However, not all the estates need to be probated. If steps have been taken by an individual before they're passing to ensure that assets transfer automatically through a beneficiary designation process that can be a way to avoid probate.

02/09/2026

Is Probate administration required in Texas when a person passes away?

Probate is not always required in Texas. However, very often people assume that when a person passes away the assets of a loved one automatically transfer to the nearest relative. That is just not true. There are certain instances when probate administration is necessary.

Five specific situations requiring probate:

1. When assets exceed $75,000 in value (excluding homestead)

2. When real estate is solely owned by the deceased.

3. When bank accounts lack beneficiary designations.

4. When business interests need to be transferred.

5. When creditors need to be paid through the estate.

It is always a good idea after a person has passed away to see a lawyer to go over that individual's affairs to determine whether or not any type of probate process will be necessary.

Failing to understand what happens to a person's estate after they pass away can lead to significant legal complications.

04/03/2022

When a person dies and leaves property that has not been transferred to another person by way of a Trust or utilization of a right of survivorship designation property in Texas will be distributed through probate.

Probate is a legal process in which a court recognizes a person’s death and oversees the payment of a deceased person’s debts and the distribution of his or her assets. The role of the probate court to determine heirship and facilitate probate administration if required.

If the deceased, known as the decedent, has executed a valid will, after that person dies it must be filed for probate within four (4) years of the decedent's passing or it will be deemed invalid. Probate without a will is referred to as intestate probate. Intestate probate can be a much more expensive legal process because of the complexity associated with probate when there is no will

Without a probate attorney to guide you the Texas probate process can be a daunting experience. Courts will generally not allow non-lawyers to file applications to probate a will or an estate nor will they allow non-lawyers to represent an estate in Court. Also, it can be particularly difficult if there are multiple beneficiaries, or a decision must be made regarding the type of probate that should be filed.

04/21/2020

Should I File For bankruptcy because of Covid19.?

There are several reasons you may consider bankruptcy. Perhaps it was on your radar before the coronavirus outbreak, perhaps it is a new pathway you discovered while dealing with unexpected financial hardships.

With the economic challenges that present with COVID-19— missed work, reduced or eliminated income, and potentially long lasting medical expenses for those affected— many look into bankruptcy as an option to regain control of their finances.

Bankruptcy is not the right choice for everyone. Talking to an attorney before you file is integral to your decision making process. Not only are there different types of bankruptcy to consider, but there are some cases where filing for bankruptcy may be a step in the wrong direction.

I understand how difficult it is to make this decision on your own because there is a lot of information on the internet. If you are considering bankruptcy take the time to do your research and consider all your options carefully. If you feel this is the right path for you then consider talking to an attorney about this debt relief option.

04/13/2020

Property appraisal notices will soon be sent out in Texas to property owners who are facing property valuation increases. As I'm sure you know the property tax that you pay is based upon the value of your real estate. If you decide that you want to contest the valuation increase you must file a protest with the appraisal district in your county. The notice you receive will mention the process of filing the protest. The deadline to file your protest is May 15th. At this stage, no extensions have been indicated even with the COVID-19 pandemic. Consequently, make sure you get your protest filed with the appraisal district before the deadline. If you need help contesting the increase in the appraised value either at the appraisal review board hearing or on appeal to state District Court please contact our office.

01/02/2018

New Year's Resolutions-Estate Planning. As we begin another year it's important to reassess where you are from a financial standpoint. Further, many people find as they get older that they have greater difficulty managing their expenses and handling other financially related tasks. However, in the 21st century much of what we used to have to deal with on a daily basis can be taken care of through some type of automated process. Retirement and Social Security checks can automatically be deposited into your personal account. We also have the ability to set up auto pay so that all your monthly expenses are covered without having to worry about whether you've taken care of paying the electric bill, etc. every month. Here's a good article that discusses some of those concerns. Happy New Year! Mark Talbot

The Swedish concept of decluttering so your heirs don't face a mess should extend to your finances. Here's when and where to start.

09/22/2017

NEW CHANGES TO TEXAS DURABLE POWER OF ATTORNEY (Effective September 1, 2017)

For the second time in two years legislation has changed the statutory power of attorney that has been approved for use in the state of Texas. Effective September 1, 2017 the power of attorney has changed once again. The 85th Texas Legislature made significant changes affecting probate, trust and guardianship law. Most bills become effective September 1, 2017, including a substantial rewriting of the durable power of attorney act.

Modifications have been made to the power of attorney which includes: 1.) Making acceptance of a power of attorney by a third party mandatory. 2.) Defining when and how an agent accepts appointment. 3.) Permitting the principal to delegate to the agent or another person the authority to name successor agents. 4.) Providing that the agent is entitled to compensation and reimbursement of expenses unless the power provides otherwise. 5.) Allowing opt-in (non-default) powers to change, amend or revoke a trust, to make a gift, to create or change survivorship rights, to create or change beneficiary designations and to delegate authority. (** For additional information regarding changes that became effective September 1, 2017 please go to our office website and review the news and notes which can be located at www.talbotlawfirm.com.)

If you have not updated your financial power of attorney in the last two years then the document that you have is significantly different compared to the current document. Previously, the delineated powers of attorney that the creator of the document could give to their authorized agent [attorney in fact] would simply allow the agent to use any and all powers unless a power was struck out or scratched through [indicating that the testator did not convey that authority] which would not allow that specific power.

The form that became effective two years ago has the opposite requirement. Now, when you execute a new durable power of attorney you must initial every power that you give to your agent. Simply listing the powers without taking the affirmative step of initialing next to the power will not effectively invoke authority in the agent.

If you have a durable power of attorney that is more than two years old I would highly recommend that you see in the estate planning professional to have a new document prepared for you. Please remember that the rule of thumb with all of your emergency documents as they should be reviewed every 8 to 10 years to make sure that they're still effective.

Finally, it should be pointed out that the Medical Power of Attorney will also be changing. As a result of legislation that was passed we will have a modified medical power of attorney which will become effective January 1, 2018. At that point you will need to make sure that you execute a new medical power of attorney sometime after the first of the year.

Talbot & Talbot, P.C., Attorneys at Law, South Texas (McAllen). Probate and Estate Planning Attorney

08/22/2017

WHAT IS ELDER LAW?

Elder law is an area of law that focuses on the legal needs of the elderly. Attorneys who specialize in elder law usually have expertise in matters related to:

1) Medicare, Social Security, veterans disability, and other government benefit programs;
2) Financial Powers of Attorney, which provide a person with the ability to make financial decisions on another person's behalf;
3) Health and personal care planning, including medical care directives, long-term care plans, and end of life decisions;
4) Retirement planning;
5) Wills, trusts and guardianships;
and,
6) Quality of life and independence.

Elder law attorneys act as the counselors and advocates for older clients who have a variety of different issues that we all face as we get older. It's important to have planned ahead for your golden years and to make sure you have professionals you can rely on in a time of need.

07/14/2017

NON-PROBATE BENEFICIARY DESIGNATIONS:
Very often a new client will come to the office and ask about the need for living trust or revocable trust. Many years ago trust were being sold as a way to avoid probate administration. In many instances trust are no longer needed and the probate avoidance benefit that they were designed for can now be accomplished another way. First, I should mention that probate administration in Texas is not an expensive process. Beyond that there are ways to transfer assets through a beneficiary designation.
Most financial instruments such as life insurance policies, annuities, IRAs and other tax-favored retirement accounts, employer-sponsored benefit plans, bank and brokerage firm accounts allow an account holder to fill out and turn in transfer on death (TOD) or payable on death (POD) form to establish or change beneficiary designation.
By utilizing this process these assets become non-probate assets. What that means is that after the individual account holder passes away the beneficiary designation allows the asset to transfer automatically to a named beneficiary without court intervention.
If you have not done so already you should make sure that all of your financial accounts and investments have both a primary and a secondary beneficiary. This is another way to avoid probate administration. For additional information please see an article on this topic at: http://www.marketwatch.com/story/make-this-estate-planning-move-right-now-check-your-beneficiary-designations-2017-06-29.

Three “horror stories” to convince you how important this is.

07/05/2017

CHANGES TO THE TEXAS POWERS OF ATTORNEY AND TEXAS PROBATE LAW EFFECTIVE ON SEPTEMBER 1, 2017

The 85th Texas Legislature will reconvene on July 18, 2017 during special session to consider matters requested by the Governor that were not voted on during the regular session. However, bills that affected estate planning and probate administration were considered and passed during the regular session that ended on May 29, 2017.

Because of the change in the statutory forms, it is strongly recommended that you consider updating your powers of attorney due to changes that will become effective on September 1, 2017.

Below you can review some of the significant changes affecting estate planning and probate law which will become effective September 1, 2017.

Durable Powers of Attorney (Financial)

During several of the last legislative sessions professionals in several different business sectors have persuaded our legislators to make significant changes to the statutes governing durable powers of attorney for property.

HB 1974 was signed by the Governor of Texas on June 15th and will generally become effective September 1, 2017.

Many of these changes include the following:

• Making acceptance of a power of attorney by a third party mandatory, although there are many limitations and exceptions to this. (Estates Code Sections 751.201 -- 751.213)

• Changing the statutory durable power of attorney form, which will become beginning September 1, 2017? (Estates Code Section 752.051)

• Defining when and how an agent accepts appointment. This determines when he or she owes fiduciary duties as agent. (Estates Code Section 751.022)

• Permitting the principal to delegate to the agent or another person the authority to name successor agents. (Estates Code Section 751.023)

• Providing that the agent is entitled to compensation and reimbursement of expenses unless the power provides otherwise. (Estates Code Section 751.024)

• Allowing opt-in (non-default) powers to change, amend or revoke a trust, to make a gift, to create or change survivorship rights, to create or change beneficiary designations and to delegate authority. (Estates Code Section 751.031)

• Imposing a duty to preserve the principal's estate plan. (Estates Code Section 751.122)

• Stating who has standing to bring an action regarding a power of attorney. Persons with standing include the principal, the agent, a guardian of the principal, a person named as a beneficiary to receive property on the principal's death, a governmental agency with authority to protect the principal, or another person who demonstrates to the court sufficient interest in the principal's welfare or estate.

Medical Powers of Attorney

Pursuant to HB 995 changes were made to the medical power of attorney. House Bill 995 revokes the authority of a spouse under a medical power of attorney if the marriage is dissolved and makes the disclosure statement a part of the medical power of attorney form itself.

HB 995 was signed by the Governor of Texas on June 15th and will generally become effective September 1, 2017.

Probate Administration Changes

Under HB 2271 modifications to the Texas Estates Code were made. A few of the changes are:

• Setting the deadline for modifying or reforming a will to four years following admission to probate. (Estates Code Section 255.451)

• Increasing the limit for small estate affidavit proceedings from $50,000 to $75,000. (Estates Code Section 205.001)

• Giving independent executors the default power to make non-pro-rata distributions. (Estates Code Section 405.0015)

HB 2271 was signed by the Governor of Texas on June 15th and will generally become effective September 1, 2017.

05/02/2017

Tax Appraisal Protest deadline May 31st - If you own property in Texas you should soon receive notice of the appraisal value of your property if the County has determined that the value has increased. As you know, as the result of an increase in the valuation there is a pretty good chance that your property taxes will go up.
You do have a right to protest any property appraisal increase as determined by the County appraisal office. However, you must file your notice of protest by May 31st.
Don't assume that the county has not increased the valuation simply because you don't receive notice. As hard as they may try to get notices out to everyone on occasion they miss sending notice to a property owner. By law you must receive notice of an increase. Failure by the local appraiser to get notice to you usually occurs due to oversight. However, that doesn't get around the fact to file a protest if you believe the value is too high.
If in fact you decide you want to file a protest the documentation is pretty self-explanatory and you can do it on your own. However, if you need assistance please call our office to schedule an appointment.