Your Trusted Estate Planning & Real Estate Lawyer In Pflugerville
Richard Cahan has a passion for the law, the court system, and Texas. His love and respect for the community, and people, of Austin and the surrounding areas is what motivates him to take on each new day with purpose. As a detail-oriented person his whole life, Richard has taken all of his skills and put them into the specific areas of law where the people of Texas have shown they need him most. Richard focuses in Wills, Probate, Probate Administration, Estate Planning, and Landlords & Tenants (including deposit dispute, failure to repair, change in owner issues, eviction) matters. No matter what issue you have, Richard can help.
Probate Attorney | The Law Office Of Richard Cahan
Richard Cahan is a probate attorney you can trust. He is known across Texas as the premiere probate attorney for every kind of situation. Richard is a probate attorney in the premiere probate attorney for every kind of situation. Richard is a probate attorney in Pflugerville, TX, in Travis County, Hays County, Williamson County, Bexar County, the communities of Austin, San Antonio, Round Rock, Cedar Park, Lender and surrounding communities throughout Central Texas. He has assisted the good people of Texas with all of their important probate matters and estate planning opportunities for the past decade.
How Does Probate Work In Texas?
The Probate process can be complex, but fortunately it is simpler in Texas than it is in some other states, and this is because of what’s known as the ‘independent administration’ of estates. Under this process, executors are able to navigate probate easier. But many people may not realize that probate can be avoided entirely in certain situations, and a seasoned probate attorney in Pflugerville, TX can help you assess whether probate is necessary for your situation and if so, will help you every step of the way to probate’s completion. Let’s consider a few of the situations in which probate may be unnecessary, see the list below:
What Assets Can Be Transferred Without Probate In Texas?
Sometimes certain assets can be transferred to a new owner without probate. The following examples may be allowable:
- Real property with transfer on death designation
- Vehicles with beneficiary designation
- Other assets subject to affidavit of heirship
- Life insurance proceeds
- Property held as joint tenancy with a right of survivorship
- Community property with a right of survivorship
- Any survivor’s benefits from an annuity
- Certain payable-on-death bank accounts
Types Of Probate In Texas
In Texas we have two kinds of formal probate then there are some other even simpler transfer procedures as well. Discuss all your options with your probate attorney in Pflugerville, TX.
Independent Administration Of Estates
In Texas, most wills require that the named executor pursue an independent administration due to the fact that it is generally the more affordable, simpler option. If a will doesn’t specifically request this, or in situations where there is no will in place at all (intestate), the named executor of an estate or the administrator can always petition the court for the authority to act as an independent executor, assuming all named beneficiaries agree to it. In an ‘independent administration’ the executor does not have to do ANY of the following:
Post a bond, which is an insurance policy that protects the estate against any potential losses caused by the executor’s mistakes, or dishonest actions
Ask the court’s permission before launching the needed steps to settle the estate (paying debts, establishing a family allowance, selling off any estate property, distributing assets to the rightful heirs)
NOTE: An independent executor must always publish a notice to any potential creditors and file an official inventory of assets with the court, regardless of the type of probate or settlement process. One of the executor’s important tasks is to collect and secure estate assets until it becomes time to transfer them to the new owners.
Dependent Administration Of Estates
Dependent administration is decidedly less common, but an executor may request dependent administration if they feel the situation warrants it. Dependent administration requires more court supervision of the probate process, but can be a good option in certain situations. Talk to your probate attorney in Pflugerville, TX to fully assess which options are right for you.
“I contacted him on problems with my apartment and he reached out to me in just a few hours. Not only that but he answered all my questions, no matter how small. He also returned my emails on a holiday. How great is that! I strongly recommend him. He is polite, understanding and upfront about everything. I just can’t say enough good words about this man.”
Full Service Probate Law Firm In Travis County, TX
As mentioned above, probate in Texas is more streamlined than other states but can still be overwhelming. Attorney Cahan helps clients determine (1) is probate necessary, and if so (2) which probate jurisdiction to file, (3) which of the three forms of Texas probate to choose, and then he follows through according to the client’s wishes. Understandably, many clients are emotionally overwhelmed and ask Richard to handle everything including filing the probate, administering the probate process, and making any necessary court appearances. Other clients retain Richard’s probate services on an ‘as needed basis’ in which they perform some of the probate tasks but have Richard handle forms, form filing, answering legal questions as they come up, and making court appearances on their behalf.
No matter the level of involvement required in your probate matter, Austin probate attorney, Richard Cahan, strives to ensure that his clients’ wishes regarding disposition of estate assets are accomplished in an efficient and cost-effective manner.
We offer top-drawer legal services in Texas. We serve the following localities: Central Texas including Austin, Round Rock, Cedar Park, Georgetown, San Marcos, Pflugerville, Travis County, Hays County, Williamson County, Bexar County, Including San Antonio and all of Central Texas.
Other Means to Transfer Assets, Etc.
Muniment Of Title
The process known as ‘muniment of title’ is an easy and often inexpensive way to transfer estate assets if there’s a valid will in place. Muniment of title can be used in the following situations:
- When there is a valid will in place
- When there are no unpaid debts (except those secured by real estate) and…
- When medicaid has issued no claim against the estate for any recovery of benefits that were received by the deceased.
Talk to your probate attorney to decide if muniment of title is an option for you.
Small Estate Affidavits
When there is no will and the overall value of the probate estate is $75,000 or less, then those who inherit property are allowed to prepare an affidavit to collect the property.
Small Estate Procedures
Texas law allows executors to use a basic small estate process when the value of the property doesn’t exceed the amount needed to pay the determined family allowance and select creditors. In this proceeding, the executor may provide an accounting that shows where the estate money was spent. Once the court approves it, the estate can be closed. Additionally, in situations whereby after all expenses of the funeral and final illness are paid, and the leftover assets do not exceed the amount of the determined family allowance, the court may then issue an ‘order of no administration’ and thereby assign any estate assets to the surviving spouse and/or the deceased’s minor children.
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Estate Planning for Everyone. Yes, That Means You!
“Estate planning, that’s for old people.” “The only people who need an estate plan are the super rich with a bunch of houses and stuff.” “I’m too young for all that.” “I just own one house and a car, I don’t have an estate.”
We have heard them all. There are a million misconceptions about estate planning and who needs an estate plan and why. The biggest misconception by far is that estate planning is only for the wealthy. While it is true that someone with a high net worth financially speaking absolutely must have an estate plan in place, estate plans are not just for the wealthy. Everyone could benefit from having an estate plan in place, regardless of their level of income, or amount of assets they have. To many of us, the word ‘estate’ conjures up images of 15 bedroom mansions sitting on a cliff overlooking the ocean, but the word ‘estate’ is actually much less ostentatious than that. Simply put, an ‘estate’ is essentially everything you own. This includes your home, other real estate, your car, your checking and savings accounts, any investments, your life insurance policy, furniture that has any value, personal possessions, etc. So while you may think you have nothing of real value to warrant an estate plan, you do. Everyone has an estate.
The time to think about your estate plan, and put it in place, is now. You should contact an estate planning attorney in Pflugerville, TX and get started. When someone passes away without an estate plan in place, the court has no choice but to implement a court-controlled probate process. This could leave your spouse with a small amount of money to live on, if you have children that receive shares. The court will control the inheritance received by minor children, and in the tragic event that both parents were to die at the same, or relatively same time, such as in an accident, etc., the court will appoint their guardian—something you could have decided and controlled, had you put an estate plan in place. In short, there is a long list of controllable actions that are within your control as long as you have an estate plan in place that dictates how things are handled. Without the estate plan, it’s mostly all out of your control, which is not what you want.
Wills, Trusts, And Other Estate Planning Documents
Richard enjoys working with his clients on a one-on-one basis to create wills, trusts, and other estate planning documents that everyone needs, but so many procrastinate putting in place. We understand; planning for death is something most people don’t really enjoy. That’s why we make the process of drafting a will or planning an estate easy as can be and rewarding as well. When it’s all done, you’ll feel good that you took the time to get your life and family legacy in order! Read our numerous 5-STAR client Testimonials, and contact us to get started; we’re here to help.
Property/Tenant Law & Evictions
No matter what side of the situation you are on, property/tenant issues can be emotional and exhausting. As a skilled property/tenant law attorney, Richard has handled many cases, helping tenants who are being treated unfairly, but also helping landlords evict negligent tenants who have decided to cease payment of rent or who are a nuisance to the neighborhood and/or destroying the property. As an experienced eviction attorney in Pflugerville, TX, Richard has seen it all, every possible landlord/tenant issue and he has successfully brought countless cases to comfortable completions, restoring order and maintaining legal mandates. If you are a landlord/property owner who is having trouble with a difficult tenant, give Richard a call. Or if you are a tenant who is being harassed, mistreated, or abused by your landlord, give Richard a call. The laws are clear, and Richard will fight for you when your rights are being taken advantage of.