Law Office of Roy Neal Linnartz, PLLC

Law Office of Roy Neal Linnartz, PLLC The Law Office of Roy Neal Linnartz, PLLC represents clients in Estate Planning, Wills, Probate, Trusts, Real Estate, Family Law, Guardianship, Mediation.

What is community property and what is separate property?Texas is a “community property” state meaning that property is ...
04/30/2026

What is community property and what is separate property?

Texas is a “community property” state meaning that property is classified as either community property or separate property.

Property owned prior to a marriage is separate property while property acquired during the marriage is presumed to be community property. However, property acquired as a gift, inheritance, or bequeathal in a Will is also separate property.

Examples of separate property:

Property and income owned or earned prior to marriage
Gifts
Inheritances
Capital gains
Personal injury claims for injuries
Examples of community property:

Income during the marriage
Property acquired during the marriage
Dividends and interest
Personal injury claims for lost wages
Retirement benefits accrued during marriage
Property retains its character through mutations such as selling a house and buying a new house. For example: If one spouse owned a house prior to the marriage and sells that house, the cash proceeds would remain separate property. If those cash proceeds are used to purchase another house, the second house is also the separate property of the spouse that sold the first house and applied the proceeds to purchase the second house. However, the mutation should be documented because there is a presumption that property acquired during a marriage is community property.

If one spouse owns a house prior to the marriage, the house is that spouse’s separate property. If the married couple puts community property funds into improving, maintaining, or repairing the one spouse’s separate property house, there could be a claim for reimbursement by the spouse who does not own the house as separate property but the house would remain the separate property of the spouse who owns the house as community property.

If someone wants to retain the character of their separate property, it is important that they keep their separate property compartmentalized and not commingled with community property assets. Separate property can be traced back to determine its character but doing so can be difficult and cost prohibitive if the commingling happens for a period of time.

The above description of community and separate property is very general and simplified to answer basic questions. Each scenario should be evaluated based on the facts of that scenario.

For more information you can review this section of the Family Code: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.3.htm

What is the HEMS Standard and how does it apply to beneficiaries?HEMS is an acronym for Health, Education, Maintenance, ...
02/19/2026

What is the HEMS Standard and how does it apply to beneficiaries?

HEMS is an acronym for Health, Education, Maintenance, and Support. The HEMS standard is often used in trusts to give the trustee broad direction in determining how to provide funds to the beneficiaries. Health covers healthcare needs of the beneficiary. Education covers tuition, room and board, and other relevant expenses of getting education. Maintenance and Support are to ensure the beneficiary receives the same standard of living as they had been accustomed to, which can vary depending on the situation. For some people, Maintenance and Support may be basic such as food, clothing, and shelter. For others, Maintenance and Support may be travel, vacation, and other luxuries. More specific instructions can be left for the trustee but care should be taken not to tie the hands of the trustee. Good intentions today can have unintended consequences later on. Having a Trustee who knows the beneficiary intimately, such as a friend or family member, who can apply the HEMS standard can often times be the best scenario. The trustee has broad latitude to make decisions for funding the beneficiary based on the HEMS standard and the knowledge of their family and lifestyle.

Do you want to avoid probate?Probate is typically not difficult or expensive if you have a well-designed estate plan. H...
01/14/2026

Do you want to avoid probate?

Probate is typically not difficult or expensive if you have a well-designed estate plan. However, if you do not have a complex estate, you may desire to plan for probate avoidance. Enhanced Life Estate Deeds (Lady Bird Deeds) or Transfer on Death Deeds (TODDs) can be used to pass real property outside of the probate process.

Bank accounts, retirement accounts, investment accounts, and other accounts with financial institutions can be set up to pass without the necessity of probate. Accounts which are owned by more than one person can be set up to be owned by Joint Tenants with Rights of Survivorship (JTWRS). If one of the account owners dies, the surviving account owner(s) automatically owns the balance of the account. Depending on the type of account, the terminology may differ but the result is the same in naming a Beneficiary, Transfer on Death (TOD), or Payable on Death (POD) designee. While the designee is not an owner of the account, when the account owner passes, the balance of the account passes to the designee.

Vehicles can passed to a beneficiary by using the Beneficiary Designation for a Motor Vehicle form (VTR-121) from the Texas Department of Motor Vehicles. By completing this form, you can designate a beneficiary who will receive your vehicle if you die and the vehicle will not have to go through probate.

The above is a very basic description of some methods of probate avoidance. For more complicated estates, a trust may be necessary to avoid probate. Use of these methods without planning can lead to unintended consequences so you should discuss with your financial planner as well as an estate planning attorney. If you would like assistance with planning for probate avoidance, call the Law Office of Roy Neal Linnartz, PLLC at 830-625-9300.

It is a pleasure to sponsor this bike and support Connections Individual and Family Services! We appreciate everything ...
01/05/2026

It is a pleasure to sponsor this bike and support Connections Individual and Family Services! We appreciate everything they do for our community. Please buy a raffle ticket for a chance to win this great bike. It is FUN to ride!

Year End PlanningAs we wrap up one year and begin a new year, it is a great time to make sure your personal information ...
12/29/2025

Year End Planning

As we wrap up one year and begin a new year, it is a great time to make sure your personal information is updated and inventoried in a central location. Typically, the most difficult part of probate or guardianship is just figuring out everything that needs to be taken care of, not actually taking care of it. For example, if something happened to you, would your family know where to find information on all your bank accounts, credit cards, mortgage, insurance, taxes, vehicle loans, vehicle titles, etc. Organizing this information into one summary with account numbers, phone numbers, addresses, etc. makes it so much easier on your loved ones if something were to happen to you.

Please do your family a favor and get this information organized. If you need a form to help you get organized, the Law Office of Roy Neal Linnartz, PLLC would be happy to provide one free of charge, just reach out to request it at 830-625-9300.

Happy new year!

Do I need to file my Will somewhere or should I give copies to my family?It is best to maintain control of your Will and...
12/09/2025

Do I need to file my Will somewhere or should I give copies to my family?

It is best to maintain control of your Will and not to give out copies. While you may deposit your Will with the County Clerk for safekeeping during your lifetime, it is not usually necessary to do so. It is typically best to retain control of your Will and to keep it in a safe place. However, the Executor and any successors should be told where to find your Will and be able to access it once you are deceased. Sometimes people keep their Will in a safe deposit box but if the Executor does not have access to the safe deposit box, it requires a court order to open and examine the safe deposit box for the Will. The safe deposit box is generally not the best place to store the Will because it can lead to unnecessary delays in probating it. People also often want to give out copies of their Will to family or Executors but that typically is not recommended. If you decide to update your Will at a future date and reduce or eliminate what a beneficiary receives, they may not be happy with the new outcome. They may destroy an updated version of your Will and probate the prior copy which benefits them. In short, it is typically best to maintain control of your Will and not to give out copies.

If you need assistance with a Will, please contact the Law Office of Roy Neal Linnartz, PLLC at 830-625-9300.

What is the difference between a Power of Attorney and a Guardianship?A Power of Attorney is the granting of authority f...
11/06/2025

What is the difference between a Power of Attorney and a Guardianship?

A Power of Attorney is the granting of authority for another person or persons to handle certain decisions or transactions on your behalf. A Power of Attorney is a decision made by you to allow someone else to have authority to make decisions but it doesn’t remove your power to make those decisions yourself. It merely authorizes someone else to also be able to act with whatever authority you have granted. A Power of Attorney is easy to create and easy to revoke.

A Guardianship takes away some or all decision making authority and grants it to someone else under the authority of a court. Once the court determines that some or all decisions need to be made by someone else, the individual’s power to make decisions is taken away unless or until restored by the court. Guardianships require medical examinations and the appointment of an attorney to represent the person whose rights are proposed to be taken. Because a guardianship is taking away someone’s rights to make decisions, it can be a traumatic process and is usually the last option.

Prior to a Guardianship, it is important to look for less restrictive alternatives such as Powers of Attorney, Surrogate Decision Making, Supported Decision Making Agreements, Trusts, or other arrangements. If someone is concerned that they may require a Guardianship in the future, they can designate who they would or would not want to serve in that role.

If you or someone you know needs help with a Power of Attorney, Guardianship, or some less restrictive alternative, please call the Law Office of Roy Neal Linnartz, PLLC and schedule a consultation. (830) 625-9300

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It was a pleasure to be a sponsor and raise funds for the New Braunfels Youth Collaborative a couple of weeks ago. Fun ...
10/10/2025

It was a pleasure to be a sponsor and raise funds for the New Braunfels Youth Collaborative a couple of weeks ago. Fun times for a good cause.

What is an Executor of a Will supposed to do?If you are an Executor appointed in somebody’s Will, you will likely need t...
09/16/2025

What is an Executor of a Will supposed to do?

If you are an Executor appointed in somebody’s Will, you will likely need to take a few steps to handle the estate of the person who is deceased. Below are some of the basic duties of an Executor but generally, a probate attorney will help you with most of these tasks:

Locate the Will and file it with an Application to Probate the Will and a Request for Letters Testamentary.

Request a probate hearing date.

Attend the probate hearing where you will sign a Proof of Death affidavit attesting to the facts of the decedent’s life, take and sign an Oath of Executor swearing to fulfill the terms of the Will, and order Letters Testamentary which will give you the legal authority to act on behalf of the estate of the decedent.

Make a list of the decedent’s assets and liabilities; file an Inventory, Appraisement and List of Claims with the Court.

Publish a Notice to Creditors in the local newspaper for any unknown creditors and send statutory Notices to Creditors for any known creditors.

Determine whether creditor’s claims should be paid or rejected and take action accordingly.

Send statutory Notices to Beneficiaries of the Will.

File a final tax return and if necessary, an estate tax return.

Once all creditors have been paid, the remaining assets of the estate are distributed according to the instructions in the Will.

However, depending on your confidence in knowing all creditors have been paid, you may want to hold some funds back and distribute only after the statute of limitations have run for a creditor to make a claim and collect on it.

This is only a very basic list of tasks for an Executor for a very basic estate. There are generally other tasks as well. It is recommended, and required by most courts, that you obtain legal counsel to help with the probate process and you in your role as the Executor. The court costs and legal fees are paid from the estate so the Executor is not personally responsible for those expenses. If you need help with probate or your role as Executor, call the Law Office of Roy Neal Linnartz, PLLC for an appointment to discuss. (830) 625-9300
https://newbraunfelslawoffice.com/faq_post/what-is-an-executor-supposed-to-do/

https://newbraunfelslawoffice.com/faq_post/what-is-the-difference-between-a-power-of-attorney-and-a-guardianship/What is...
08/26/2025

https://newbraunfelslawoffice.com/faq_post/what-is-the-difference-between-a-power-of-attorney-and-a-guardianship/
What is the difference between a Power of Attorney and a Guardianship?

A Power of Attorney is the granting of authority for another person or persons to handle certain decisions or transactions on your behalf. A Power of Attorney is a decision made by you to allow someone else to have authority to make decisions but it doesn’t remove your power to make those decisions yourself. It merely authorizes someone else to also be able to act with whatever authority you have granted. A Power of Attorney is easy to create and easy to revoke.

A Guardianship takes away some or all decision making authority and grants it to someone else under the authority of a court. Once the court determines that some or all decisions need to be made by someone else, the individual’s power to make decisions is taken away unless or until restored by the court. Guardianships require medical examinations and the appointment of an attorney to represent the person whose rights are proposed to be taken. Because a guardianship is taking away someone’s rights to make decisions, it can be a traumatic process and is usually the last option.

Prior to a Guardianship, it is important to look for less restrictive alternatives such as Powers of Attorney, Surrogate Decision Making, Supported Decision Making Agreements, Trusts, or other arrangements. If someone is concerned that they may require a Guardianship in the future, they can designate who they would or would not want to serve in that role.

If you or someone you know needs help with a Power of Attorney, Guardianship, or some less restrictive alternative, please call the Law Office of Roy Neal Linnartz, PLLC and schedule a consultation. (830) 625-9300What

Address

496 Comal Avenue
New Braunfels, TX
78130

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Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 4pm

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+18306259300

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