Protect Real Estate Probate

Hello Pete!
In Texas, the use of certain business entities can help keep your real estate from being distributed during probate:
- **Revocable Living Trust**: Allows you to retain control and avoid probate.
- **Limited Liability Company (LLC)**: Offers protection and avoids direct probate.
Do you need more details on setting up one of these entities?

Hi Pete! In Texas, your LLC does not have to be formed in Texas, but it must be registered to do business in Texas if your property is located there. This ensures that it adheres to state laws and regulations. Do you need help with the registration process?

Hi Pete! To register an out-of-state LLC to do business in Texas, you will need to:
- File an Application for Registration of a Foreign Limited Liability Company (Form *) with the Texas Secretary of State.
- Obtain a Certificate of Good Standing from your LLC's home state.
- Pay the required filing fee.
Would you like more details on any of these steps?

Hi Pete! In addition to an LLC and a Revocable Living Trust, these entities can also help ensure your property isn't distributed during probate:
- **Irrevocable Trust**: Transfers ownership and avoids probate.
- **Family Limited Partnership (FLP)**: Provides control and protects assets.
Would you like more details on any of these entities?

Hi Pete! Those are the most common entities used to protect real estate from probate. However, other options may exist depending on your specific situation and goals. Would you like to discuss your circumstances further to explore the best option for you?

Hi Pete! To ensure your house/property is not distributed to other heirs, consider the following entities:
- **Irrevocable Trust**: Transfers ownership completely, avoiding probate.
- **Family Limited Partnership (FLP)**: Provides control and asset protection.
Would you like to explore any of these options in more detail?

Hi Pete! Let's delve into two options to ensure your house/property is not distributed to other heirs:
- **Irrevocable Trust**: Transfers ownership completely and avoids probate.
- **Family Limited Partnership (FLP)**: Provides control and asset protection.
Would you like more information on setting up an Irrevocable Trust or a Family Limited Partnership?

Hi Pete! Here are some key points about setting up a Family Limited Partnership (FLP) in Texas:
- **Formation**: Requires drafting a partnership agreement and filing a Certificate of Limited Partnership with the Texas Secretary of State.
- **Management**: General partners manage the FLP, while limited partners typically have no management authority.
- **Asset Protection**: Assets transferred to the FLP are protected from probate.
Would you like more detailed steps on forming an FLP in Texas?

Hi Pete! Here are the detailed steps to form a Family Limited Partnership (FLP) in Texas:
- **Draft a Partnership Agreement**: Outline the terms, roles, and asset management.
- **File a Certificate of Limited Partnership**: Submit this with the Texas Secretary of State.
- **Obtain an EIN**: Apply for an Employer Identification Number from the IRS.
- **Comply with State Regulations**: Follow Texas state laws and regulations.
Would you like assistance with any specific step?

Hi Pete! Here are the key components to include in your Family Limited Partnership (FLP) agreement:
- **Partnership Name**: The official name of the partnership.
- **Purpose**: The reason for forming the FLP.
- **Partners**: Names of general and limited partners.
- **Contributions**: Initial capital contributions by each partner.
- **Management**: Roles and decision-making authority.
- **Profit and Loss Distribution**: How profits and losses are shared.
- **Transfer of Interests**: Rules for transferring partnership interests.
- **Dissolution**: Conditions for dissolving the partnership.
Would you like more details on any specific section?

Hi Pete! Here are more details on each section of the Family Limited Partnership (FLP) agreement:
- **Partnership Name**: Choose and register a unique name for your FLP.
- **Purpose**: Clearly state the main objectives and goals of forming the FLP.
- **Partners**: List all partners, specifying who are general partners and who are limited partners.
- **Contributions**: Detail the initial capital contributions each partner will make to the FLP.
- **Management**: Define the roles, responsibilities, and decision-making powers of the general partners.
- **Profit and Loss Distribution**: Explain how profits and losses will be allocated among partners.
- **Transfer of Interests**: Set rules and conditions for transferring partnership interests to new or existing partners.
- **Dissolution**: Outline the procedures and conditions under which the FLP can be dissolved.
Would you like assistance drafting any of these sections in more detail?

Hi Pete! For legal research on citations to use in drafting a Family Limited Partnership (FLP) agreement in Texas, consider the following sources:
- **Texas Business Organizations Code (BOC)**: This code provides comprehensive laws regarding the formation and management of partnerships.
- **Case Law**: Review relevant Texas case law for judicial interpretations and precedents.
Would you like more specific references from these sources?

Hi Pete! For a situation where a caretaker transfers assets to their name before the deceased passes away, consider these points:
- **Texas Estates Code § *.***: Defines "fraud" and "undue influence".
- **Texas Penal Code § *.***: Addresses misapplication of fiduciary property.
Would you like more details on these statutes?

Hi Pete! To address issues related to a fake death deed and deed transfer without consent in Texas, you should consider the following legal points:
- **Texas Penal Code § *.***: Addresses forgery, including creating or altering deeds.
- **Texas Property Code § *.***: Covers the filing of fraudulent documents.
Would you like more details on these statutes?

Hi Pete! In addition to the previous statutes, here are more relevant Texas legal citations regarding falsifying information and fraudulent transfers:
- **Texas Penal Code § *.***: Addresses securing the execution of a document by deception.
- **Texas Estates Code § *.***: Concerns fraud in the execution of wills and other estate documents.
Would you like more details on any of these statutes?

Hi Pete! For issues related to falsifying a will and omitting assets, including the deceased's home, consider these Texas legal points:
- **Texas Estates Code § *.***: Addresses fraud in the execution of wills.
- **Texas Estates Code § *.***: Discusses omitted property in a will.

Would you like more details on these statutes?

Hi Pete! Here are additional relevant Texas statutes for falsifying a will and omitting assets:
- **Texas Estates Code § *.***: Addresses contesting a will based on fraud or forgery.
- **Texas Estates Code § *.***: Discusses remedies for fraud in probate proceedings.
Would you like more details on any of these statutes?

Hi Pete! In Texas, distributing personal items of the deceased typically follows these guidelines:
- **Texas Estates Code § *.***: Specifies the order of paying debts and distributing assets.
- **Texas Estates Code § *.***: Defines the role of the executor in managing and distributing personal items.
Would you like more details on these procedures?

Hi Pete! In Texas, distributing personal items like photos, jewelry, and guitars without a will follows these guidelines:
- **Texas Estates Code § *.***: Intestate succession rules determine who inherits when there is no will.
- **Texas Estates Code § *.***: Provides for the immediate vesting of estate assets in heirs.
Would you like more details on intestate succession?

Hi Pete! To address stopping the sale and distribution of assets in Texas, consider the following legal points:
- **Texas Estates Code § *.***: Allows an interested party to file for an injunction to prevent the sale or distribution of estate assets.
- **Texas Estates Code § *.***: Requires the executor to account for assets and prevent unauthorized distributions.
Would you like more details on filing for an injunction?

Hi Pete! To stop your wife from giving away the deceased's belongings in Texas, consider these steps:
- **Texas Estates Code § *.***: File for an injunction to prevent the distribution of estate assets.
- **Texas Estates Code § *.***: Ensure the executor accounts for all assets and prevents unauthorized distributions.
Would you like more details on filing for an injunction?

Hi Pete! Here are additional steps to stop the unauthorized distribution of the deceased's belongings:
- **Texas Estates Code § *.***: File a petition to remove or restrain the executor.
- **Texas Estates Code § *.***: Request a court order for an inventory and appraisal of the estate.
Would you like more details on filing these petitions?

Hi Pete! Here are more steps you can take to stop the unauthorized distribution of the deceased's belongings:
- **Texas Estates Code § *.***: File a claim against the executor for breach of fiduciary duty.
- **Texas Estates Code § *.***: Request an emergency court order to freeze estate assets.
Would you like more details on these actions?

Hi Pete! Here are further steps to address the unauthorized distribution of the deceased's belongings:
- **Texas Estates Code § *.***: File for a temporary restraining order to prevent further asset distribution.
- **Texas Estates Code § *.***: Request the appointment of a temporary administrator to take control of the estate.
Would you like more details on any of these actions?

Hi Pete! Here are additional legal actions you can take:
- **Texas Estates Code § *.***: Petition for a court-supervised administration for greater oversight.
- **Texas Estates Code § *.***: Request the court to demand a detailed accounting from the current executor.
Would you like more details on any specific statute or action?

Hi Pete! If an executor in Texas was removed but lied to the court about their arrest and charges, consider the following statutes:
- **Texas Estates Code § *.***: Addresses the removal of an executor for misrepresentation.
- **Texas Penal Code § *.***: Details perjury and making false statements under oath.
Would you like more details on these statutes?

Hi Pete! Here are additional legal points to consider if an executor lied to the court about their arrest and charges:
- **Texas Penal Code § *.***: Addresses aggravated perjury, which involves making false statements during official proceedings.
- **Texas Estates Code § *.***: Discusses penalties and remedies for misconduct by an executor.
Would you like more details on these statutes?

Hi Pete! Here are further steps and legal points related to an executor lying to the court:
- **Texas Estates Code § *.***: Allows for sanctions against the executor for fraud or malfeasance.
- **Texas Penal Code § *.***: Addresses tampering with a governmental record, including false statements.
Would you like more details on any of these statutes?

Hi Pete! Here are additional legal points to consider for an executor who lied to the court:
- **Texas Estates Code § *.***: Allows interested parties to seek damages for breach of fiduciary duty by the executor.
- **Texas Penal Code § *.***: Addresses false report to a peace officer or law enforcement.
Would you like more details on these statutes?

Hi Pete! Here are more legal points to address an executor lying to the court:
- **Texas Estates Code § *.***: Discusses remedies for breach of fiduciary duty, including removal and compensation.
- **Texas Penal Code § *.***: Addresses tampering with or fabricating physical evidence.
Would you like more details on these statutes?