Economic and Social Justice: Wills & Estates
The Wills & Estates Team provides legal support to TRLA offices program-wide for matters concerning the preparation of wills, will probate, the administration of estates, and intra-family property conveyances of inherited interests in property.
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Laws
- Estates and Trusts: An Overview Provides access to federal and state statutes, regulations, and court decisions. Courtesy of the Cornell Legal Information Institute.
- Estate Planning: An Overview Courtesy of the LII.
Federal Agencies
- Internal Revenue Service (IRS) Official IRS Site.
- Publication 559- Survivors, Executors, and Administrators (PDF Document) Provides tax information and tips to help those in charge of the property of an individual who has died.
- Social Security Administration (SSA) Official SSA Site.
- Survivors Benefits Provides information about survivors benefits and what to do when a beneficiary dies.
State Agencies
- Comptroller of Public Accounts Provides inheritance and property tax forms and appraisal district information.
- Constitutional County Courts In most counties, these courts hear the probate cases filed in their counties.
- Statutory Probate Courts These courts are located in the state’s 6 largest metropolitan areas and have original and exclusive jurisdiction over their counties’ probate matters.
Legal Resources
- American Bar Association Section of Real Property, Probate, and Trust Law
- “Avoiding Probate” Article from the CPA Journal written by attorney Timothy O’Sullivan, partner in Fleeson, Gooing, Coulson, & Kitsch, LLC, in Wichita, Kansas, and adjunct associate professor at Washburn University School of Law.
- Crash Course in Wills and Trusts A useful, well-organized guide provided by Michael T. Palermo, Attorney and Certified Financial Planner.
- Estate Planning Links Directory of estate planning resources on the internet. The site was created by Dennis Kennedy and is maintained by attorney Dennis Toman at Booth Harrington Johns & Toman, LLC in Greensboro, North Carolina.
- FindLaw Introduction to Estate Planning Written by Robert L. Sommers, attorney and publisher of “The Tax Prophet”.
- Formstool.com A database of free and fee-based legal forms.
- Nolo Law Center Guide to Wills and Estate Planning Provides extensive easy-to-understand information about all aspects of wills and estate planning.
- State Bar of Texas
- Real Estate, Probate, and Trust Law Provides news and information to attorneys and the public.
- Pamphlet “Living Trust Scams and the Senior Consumer” Provides information about common scams and tips for avoiding fraud.
- Texas Probate Website Provides news, information, and links, as well as downloadable trust and probate forms. Courtesy of Barnes & Karisch, P.C. of Austin.
Research and Information
- AARP Guide to Wills and Living Trusts Provides information, resources, and links.
- SmartMoney.com Estate Planning Resources Covers charitable trusts, life insurance, estates, taxes, gift taxes, and other topics.
The Economic and Social Justice: Wills & Estates Team
The Team also assists in clearing title to homesteads, utilizing the various procedures provided by the Probate code. This allows clients to apply for favorable property tax treatment. For those clients with deteriorating homes, a clear title will facilitate the rehabilitation assistance process.
When a client is unsure of how property passes upon death, the team can advise whether property shall pass by contract or by testate or interstate succession.
In conjunction with the elder law team, the Wills and Estates team assists in the preparation of various medical needs documents i.e. medical powers of attorney and directives to physicians.
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