March 12 marks the 100th birthday of literary legend, Jack Kerouac. Though he died in 1969, his legacy as “King of The Beats” lives on. Today, his estate is worth millions, and the complicated fight for his fortune more than 70 years after his death is still unresolved. It’s fraught with familial infighting, righteous desperation, and outright greed, as well as an allegedly suspect signature on Kerouac’s putative will.
Read moreWills and Probate Resource Month - October 2018
October is Wills and Probate Resource Month at the Harris County Law Library. All month long, you will find materials on wills, estate planning, and probate and trust administration on display in the Law Library and online.
Self-Help Guides from Nolo Press
Nolo’s Plan Your Estate is your go-to estate planning guide. With coverage of common estate planning goals, such as leaving property, providing for minors, planning for incapacity, avoiding probate, and reducing the estate tax, it is a go-to source for easy-to-understand estate planning information. Another useful Nolo resource is Estate Planning Basics. Both of these Nolo titles can be found in our Self-Help Collection in the Law Library. For assistance in finding these guides, please ask a member of the reference staff.
TexasLawHelp Wills & Estate Planning
TexasLawHelp.org is an incredibly useful online legal research tool for the general public. Take a look at their Wills & Estate Planning resources for information about filing a small estate affidavit, a transfer on death deed, or an affidavit of heirship. Also find a link to the Texas Probate Passport, a publication of the Texas Young Lawyer’s Association.
Harris County Law Library Research Guides
Visit our Research Guides page to download a free copy of our Probate, Trusts, and Estates Research Guide. This topical guide helps you quickly find the most practical resources available at the Law Library, including the Texas Probate System, a State Bar of Texas publication, and O’Connor’s Texas Probate Law Handbook (both of which are pictured above).Ask for these and other titles at the Law Library reference desk.
Latest & Greatest – Wills Road Map: Practical Considerations in Will Drafting
Continuing with Wills and Probate Law Resource Month, the Harris County Law Library is pleased to have available the new edition of Wills Road Map: Practical Considerations in Will Drafting. Now in its third edition, Wills Road Map outlines the fundamental concepts that attorneys need to consider when preparing a will and when upholding the validity of such will. The authors begin with a discussion of the basic requirements of a will, including those that are statutorily-mandated and those that have been derived from years of case law. They provide examples of some specific will provisions and their purposes, including those that identify the testator, his/her family, and the property being disposed under the will, and some other miscellaneous provisions, such as definitions, in terrorem clauses, and the attestation clause. The authors also provide some insight into the substantive laws that affect the disposition of assets under a will, such as those regarding extraneous references and integration, and legal doctrines that may affect specific bequests, such as ademption and abatement. They round out their discussion of practical considerations by addressing trust planning, fiduciary powers and trust administration, and revocation of a will.
With both the general practitioner and the wills and estate planning specialist in mind, the authors have prepared a guide that not only covers the law surrounding the preparation and execution of wills but also the practical aspects in drafting them. In the appendixes, you can find a checklist for will review, client information questionnaires, and some samples of basic will forms. Next time, you are visiting the Harris County Law Library, have a look at Wills Road Map: Practical Considerations in Will Drafting. Just ask for it at the Reference Desk.
Latest & Greatest – Texas Probate Forms & Procedures
January is Wills and Probate Resource Month here at the Harris County Law Library, so we are featuring various resources to assist you with your wills drafting, estate planning, and probate administering needs. In this regard, we are pleased to announce the acquisition of a new title: Texas Probate Forms & Procedures. Featuring more than 200 sample forms, this book covers the steps of the probate process from the initial client interview and engagement through the closing of the administration and so much more. The author begins by discussing the considerations involved in choosing the appropriate types of proceedings and administrations as well as the proper venue and court. He pays particular attention to the various administrations that exist here in Texas, such as temporary, independent, and dependent administrations and explains the steps involved in the process from the preparing and filing of the initial application to the hearing and the attendant duties that fall upon the representatives in each type of administration. The author also focuses upon other proceedings and probate alternatives, such as: muniment of title, determination of heirship, small estate affidavits, and orders of no administration. You can also find chapters devoted to emergency procedures, such as emergency applications prior to probate and examination of documents, the procedures involved with probating a foreign will, the handling of creditors and their claims, tax considerations, and will contests.
Be sure to have a look at Texas Probate Forms & Procedures and all of other wills and probate law resources the next time you visit the Harris County Law Library.