- Mansfield / Dallas-Fort Worth 2170 Matlock Rd. #110 Mansfield, TX 76063
Getting in touch with a real estate lawyer from Farah Law Firm is the first step in giving you the asset protection you need. Don’t discover the value of such services after the fact.
“Probate” is simply the term for the legal process by which a decedent estate is administered.When a person dies intestate — without a valid will — Chapter 201 of the Texas Estates Code will control the distribution of his or her estate. The first consideration is whether the decedent left a surviving spouse. In order to be considered to have “survived,” a spouse must have outlived the decedent by at least 120 hours. If a person dies with a surviving spouse, the next consideration is whether a particular asset is community property or separate property.
“Community property” generally refers to all property a person acquires during marriage. “Separate property” is usually comprised of all property acquired before the marriage or by gift or inheritance.A surviving spouse will take title to all of a decedent’s community property only if (1) the decedent died without children, or (2) all of the surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse. If the decedent is survived by a child or a decedent who is not a child or descendant of the surviving spouse, then the surviving spouse will retain their one-half (1/2) community interest, and the decedent’s one-half (1/2) community interest will be divided among the decedent’s children and their descendants. In the case of separate property, proper distribution also depends on whether a particular asset is personal property of real property.
“Personal property” is movable property — that is, any property that can be owned except for land and other real estate. “Real property” includes land and anything attached to that land — property that cannot physically be moved.If an asset is personal property and the decedent died leaving one or more children or a descendant of a child, the surviving spouse will take one-third (1/3) of the personal estate, with the remaining two-thirds (2/3) passing on to the decedent’s children or their descendants. If an asset is real property and the decedent dies leaving one or more children or their descendants, the surviving spouse is entitled to a one-third (1/3) life estate in the asset, with the remainder descending to the decedent’s children and their descendants. For separate property where the decedent does not leave a child or a descendant of a child, the surviving spouse is entitled to all of the decedent’s separate personal property and one-half (1/2) of the decedent’s separate real property. The remaining one-half (1/2) of the decedent’s separate real property passes to the decedent’s heirs at law as provided by the Texas Estates Code. If a person dies without a surviving spouse but is survived by children or descendants of children, then all of his or her property will be divided equally among the children, with any descendants stepping in to take their proportional share of a pre-deceased child’s interest. This is a very common scenario. The final scenario is when a person dies without a spouse and without children. This situation is the most complex and should be avoided at all costs by drafting a valid will prior to death. There are five possible divisions:
“Michael, I would like to express my thanks to you and your entire team for all your hard work in getting my case to a fair and generous settlement. I could not have asked for better legal representation for the long and nerve-racking process of my case. You are very compassionate, nice, and extremely good at what you do. I respect your dedication representing the victims of a personal injury cases.”
“The Farah Law Firm has an extensive knowledge of business entity transactions in Texas and had kept my transaction moving smoothly and in the right direction. Thank you Michael for making the process easy.”
“Michael drafted the lease that we will use for our commercial building. He had great communication, was readily available to answer any questions we had, and was very professional. He wrote us a lease that fit our need and I will definitely work with The Farah Law Firm again in the future.”
“I hired The Farah Law Firm for the non-traditional sale of my residential property. The Farah Law Firm’s professionalism and outstanding knowledge of residential transactions made the sale go smoothly. The Attorneys and staff at the Farah Law Firm were understanding and took the time to explain each step of the process. They will be the ones who I will refer to all my friends and family for any future legal endeavors.”
*Please note: Due to the costs involved and the favorability of land in Texas per contract and common law, we currently are not accepting residential tenant defense cases.
“I was referred to The Farah Law Firm by a friend of mine when I was injured in an auto accident. I am so glad that my friend referred me to Michael and his extremely helpful team. They were not only successful in getting my settlement but also helped me find great doctors to aid in my recovery from the accident. I highly recommend The Farah Law Firm.”