Author Archives: Larry Bray
What Does A Probate Court Actually Do?
We have often written about probate court, why some people may want to avoid it, and about getting an attorney to help you in probate court. But what is probate court, what does it do, and is it even necessary? Changing of Ownership of Assets In simplest terms, the probate court oversees the transition… Read More »
Is Your Homestead Still Protected In Probate Court?
Whether you are rich or middle class or below middle class, it is very possible that you have homestead property. That means that when you create an estate plan, you should start to think about what will happen to the property, who will inherit it, and how. Of course the best option is to… Read More »
Check Public Records For Covenants That Run With The Land
When you buy a home, your real estate attorney must always do a review and check of the public records. The reason is to make certain that “title” is clean and unencumbered; it’s important to know whether the person selling you the property actually has the legal right to sell it to you, and… Read More »
Can You Probate An Estate When There Is No Body?
When we think of a probate case to administer the assets of a deceased, there is one thing that we are usually pretty certain of: The deceased is actually deceased. But sometimes, that isn’t so clear, because there are times when death may not be so certain. There are times when we are quite… Read More »
What Happens To Timeshares In Probate?
If you have a timeshare, you may be considering leaving it to others in your will, trust or estate documents. But before you do that, you may have to give it some thought—because unlike other assets, a lot of people may not even want your timeshare. Who Wants a Timeshare? Timeshares are personal decisions…. Read More »
Avoid Creditors In Probate By Using A Spendthrift Clause Or Trust
Imagine a scenario where you want to leave property or assets to a family member. The problem is that the person you want to leave the property or money to, has creditors. If you leave, for example, $100,000 to that relative, that relative may not get all that money, if that relative owes money… Read More »
Why Use A Real Estate Attorney, Instead Of Just A Closing Or Title Company?
If you’re thinking of buying a home, you may have seen ads for title companies or closing companies, promising to handle your closing. Of course, you also know many people use real estate attorneys, and making things more confusing, some title or closing companies are owned by attorneys. All this may cause you some… Read More »
Nontraditional Transfers And Due On Sale Clauses: Watch Out
When we think of selling property, we think of what is generally a voluntary process, or one that goes through the traditional closing process. There is a willing seller and a willing buyer, liens are checked, inspections are conducted, the buyer pays off any existing liens through the sale price, and the seller gets… Read More »
Understanding Insurance Requirements For Your Mortgage
If you buy a home with a mortgage, there is a good chance that the mortgage company will require that you get homeowners insurance. Because buying a home is the largest purchase most people will ever make in their lifetimes, it is probably a good idea to get insurance whether the mortgage company requires… Read More »
What Happens When Someone Dies Before They Can Inherit?
When we do our estate plan, we often anticipate that those in our estate plan—those who are getting things that we leave to them-will be alive to receive those inheritances. But often it happens that they are not; they pass before we do. Then there is the situation where two people pass at the… Read More »
