The National Land Podcast

Probate or Problems: Avoid Family Feuds With Estate Planning For Your Land


Listen Later

Are you a landowner who wants your ranch to pass cleanly to the next generation—or a land agent tired of deals dying over cloudy title?

In this episode of The National Land Podcast, host Mac Christian sits down with Tiffany Dowell Lashmet (Ag Law Professor & Extension Specialist, Texas A&M) and Wayne Dunson (Managing Broker, National Land Realty—West Texas) to demystify probate—the legal process that moves assets from the deceased to the living—and the tools that keep it from blowing up your land plans.

What You’ll Learn:

  • What probate is and why you still need it even if there’s a will

  • Dying without a will (intestacy): how state statutes—not your wishes—divide assets and create messy joint ownership

  • Why failing to probate strands title in the deceased’s name, blocks sales, and costs heirs more later (e.g., Texas has a typical 4-year window)

  • Wills vs. Trusts: trusts can bypass probate entirely; when each makes sense for landowners

  • Texas will execution basics: handwritten (holographic) vs. typewritten wills, witness rules, and why beneficiaries shouldn’t witness

  • Probate-avoidance tools: LLCs and transfer-on-death deeds (in Texas, revocable) to move property with only a death certificate

  • Real-world horror stories: unknown heirs, missing co-owners, partition suits, deep discounts to clear title

  • Family dynamics you must address now: on-farm vs. off-farm heirs, unequal contributions, and setting expectations

  • Why DIY online forms backfire on farms/ranches—hire an ag-savvy estate-planning attorney in your state

  • Agent playbook: verify probate status early, flag title clouds, and get clients to counsel before listing

    This episode is a must-listen for:

    • Landowners and family decision-makers on farms and ranches

    • Heirs, executors, and trustees facing title/estate questions

    • Land agents/brokers who want to prevent deal-killing probate issues

    • CPAs and attorneys serving rural clients

      Don’t punt on probate. A valid, state-compliant plan now is cheaper than courtroom chaos later—get the right documents in place, probate on time, and keep your land legacy intact.

       

      Read about Tiffany Lashmet

      https://agecon.tamu.edu/people/dowell-lashmet-tiffany/

       

      Contact Wayne Dunson

      https://nationalland.com/real-estate-agent/wayne-dunson

       

      National Land Realty

      Buy, Sell, Lease, or Auction Land

      https://www.nationalland.com 

      ...more
      View all episodesView all episodes
      Download on the App Store

      The National Land PodcastBy National Land Realty

      • 4.8
      • 4.8
      • 4.8
      • 4.8
      • 4.8

      4.8

      16 ratings


      More shows like The National Land Podcast

      View all
      The Joe Rogan Experience by Joe Rogan

      The Joe Rogan Experience

      229,444 Listeners

      Working Class Bowhunter by Working Class Bowhunter

      Working Class Bowhunter

      1,490 Listeners

      American History Tellers by Wondery

      American History Tellers

      19,280 Listeners

      Habitat Podcast by Jared Van Hees

      Habitat Podcast

      584 Listeners

      The WHTL Podcast - Whitetail Deer Hunting Tactics, Stories & Expert Guests by Jake Hofer

      The WHTL Podcast - Whitetail Deer Hunting Tactics, Stories & Expert Guests

      645 Listeners

      The Southern Outdoorsmen Hunting Podcast by Andrew Maxwell & Jacob Myers

      The Southern Outdoorsmen Hunting Podcast

      1,402 Listeners

      Unashamed with the Robertson Family by Tread Lively

      Unashamed with the Robertson Family

      24,746 Listeners

      Chasing Giants with Don Higgins by Terry Peer

      Chasing Giants with Don Higgins

      550 Listeners

      The Shawn Ryan Show by Shawn Ryan

      The Shawn Ryan Show

      45,351 Listeners

      All-In with Chamath, Jason, Sacks & Friedberg by All-In Podcast, LLC

      All-In with Chamath, Jason, Sacks & Friedberg

      9,862 Listeners

      Fist Full of Dirt by Mossy Oak

      Fist Full of Dirt

      1,664 Listeners

      Gamekeeper Podcast by Mossy Oak

      Gamekeeper Podcast

      1,191 Listeners

      The Land Podcast - The Pursuit of Land Ownership and Investing by Jake Hofer

      The Land Podcast - The Pursuit of Land Ownership and Investing

      200 Listeners

      The Tucker Carlson Show by Tucker Carlson Network

      The Tucker Carlson Show

      17,092 Listeners

      The American Land Man by Neil Hauger

      The American Land Man

      35 Listeners