In their second installment in this series about answering clients’ questions, probate attorneys and hosts Stacy Kelly and Keith Morris of The Blum Firm cover topics such as acquiring a death certificate, locating a will, settling debts, handling sentimental items, and managing insolvency in an estate. They emphasize the importance of guiding clients through these challenging processes with empathy and expertise. By addressing common inquiries and providing practical advice, they strive to offer clients peace of mind and clarity during the estate administration journey. “We can just take all of that off the table from them so that they can grieve and heal,” Stacy explains.

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Probate litigation is complicated. The retirement statute that governs benefits is a nightmare to understand. Challenging a will in court can tie up an estate for months or years.

Those are just a few insights that hosts Stacy Kelly and Keith Morris of The Blum Firm share in this episode, focused on the top 25 questions that they’ve received about probate litigation through decades in the practice. Tune in for their answers, including their approach to helping clients navigate this unique area of law at a difficult time in their lives. As Stacy and Keith explain, their vast experience highlights the importance of qualities like empathy and transparency. 

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One of the most misunderstood areas of community property law in Texas that impacts the probate process – and one of the most hotly litigated – is the difference between community and separate property.  

Hosts Stacy Kelly and Keith Morris of The Blum Firm describe these “murky waters” when someone dies without a will and heirs argue about property left behind. In addition to clarifying  community property versus separate property, they explain  subtleties of probate homestead rights in Texas and how pre- and post-nuptial agreements can be incorporated into an estate plan. 

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Independent administration enables Texas estates in probate to proceed with limited court involvement, so the estate doesn’t have to go “mother, may I” to the court for every request. But the procedure has its complexities, and its downsides. 

In this episode of Before You Go…, join Stacy Kelly and Keith Morris of The Blum Firm as they discuss the basics, advantages and disadvantages of independent administration–a procedure somewhat unique to Texas probate. Stacy and Keith explore how independent administrations come about both in the case of a will or by agreement of the beneficiaries, the procedural requirements for filing an independent administration, some of the unique features of the procedure, the differences between dependent and independent administration, and one scenario where it’s more advantageous to set up a dependent administration, no matter the benefits of independent administration.

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There are a lot of myths surrounding appeals. The process can be difficult, and appeals rarely happen as swiftly or as smoothly as they do on TV and in the movies.

In this episode of Before You Go…, join Stacy Kelly and Keith Morris of The Blum Firm as they provide a general overview of how legal appeals work, then discuss some appellate issues specific to the world of probate, trust, and guardianship law. What is an appeal? What issues can be appealed? What happens if an appeal results in an issue being sent back to the trial court? Tune in as Stacy and Keith answer these questions and more.

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Did they have a common law marriage, or not? Whether you leave behind a will or not, determining if there was a valid common law marriage can have a big impact on families, and on inheritance and property issues in probate litigation. 

In this episode of Before You Go…, Stacy Kelly and Keith Morris of The Blum Firm welcome guest Shawn Williamson, a senior associate at the firm and an experienced negotiator in probate litigation. Stacy, Keith and Shawn discuss the basics of common law marriage and the types of disputes it brings up in probate litigation, including what it takes to prove common law marriage and why it can be a big, “spicy” issue. They also share real life examples of attempts to prove common law marriage, and attempts to fib about the existence of one.

☑️ Shawn Williamson  

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A will contest is a formal challenge to a will. But the process can be lengthy, expensive, and emotionally taxing.

In this episode of Before You Go…, Stacy Kelly and Keith Morris of The Blum Firm welcome guest Rudy Culp, an experienced attorney and partner at the Houston-based firm, Horrigan, Goehrs, Edwards & Culp, LLP, which focuses almost exclusively on probate fiduciary litigation.

Stacy, Keith, and Rudy discuss will contests, including how and when to file them, the reasons for challenging a will, and some of the other issues and considerations that arise with will contests.

☑️ Rudy Culp | LinkedIn

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“It's a dagger in me when I see families writing those estate tax checks because the planning tools that are available to us almost always allow us to get that tax down to either very low or zero,” says Marvin Blum.

In this episode of Before You Go…, join Stacy Kelly and Keith Morris of The Blum Firm as they speak with Marvin Blum, a savvy estate planning attorney and Founder and Managing Partner of The Blum Firm.  

Tune in as Stacy, Keith, and Marvin break down complicated concepts like how the estate tax works, estate tax exemptions, and the clever estate planning strategy of 'squeeze and freeze'. They also share why you need to do estate planning before disaster strikes, and information to help you choose your law firm wisely for your estate planning needs. 

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The number of civil mental health commitment cases has increased dramatically over the past two decades.

In this episode of Before You Go…, host Keith Morris of The Blum Firm welcomes colleague Lynn Waller Kelly, a former Associate Judge for one of the Tarrant County probate courts. Judge Kelly is now also a partner at The Blum Law Firm whose current practice focuses on representing clients in probate matters, estate litigation, and guardianship proceedings throughout North Texas. She also serves as a mediator in contested probate litigation matters.

Tune in to hear Keith and Judge Kelly talk about navigating the involuntary commitment system in Texas, including how the system works and misconceptions about the system. Judge Kelly also addresses a frequently asked question concerning the “public records of a private nature” once someone has been in the mental health court system.

☑️ Lynn Waller Kelly | LinkedIn

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A lot of people initially think that you set up a trust for estate tax purposes, but there’s such a small percentage of people that really need to consider a trust for tax reasons.  However, if you have special assets, if you’re a special person, or if you have a special family, you might want to consider setting up a trust. 

In this episode of Before You Go…, Stacy Kelly and Keith Morris of The Blum Firm are joined by Beth Owens, Trust Officer at American National Bank & Trust. The trio dive deep into the role of a trustee, discussing their responsibilities and how they can manage a trust effectively. 

Tune in as Beth shares insightful observations about corporate trustees and their ability to manage complex situations. The conversation also discusses the importance of keeping accurate records, the necessity of clear communication with beneficiaries, protection of beneficiaries from scammers, and the benefits of appointing a co-trustee or corporate trustee as agent. Important takeaways for individual trustees are also shared.

☑️ Beth Owens | LinkedIn | American National Bank & Trust

☑️ American National Bank & Trust on Twitter/X, Facebook, Instagram, LinkedIn & YouTube

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