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Q: I accept a Accepted Ability of Advocate from 1991 which was recorded in the County annal and a newer Statutory Durable Ability of Advocate which was not recorded. How do I abolish the earlier one? Can I accept it removed from the courthouse records? Should I accept the newer one recorded to abandon the older? Do I charge an advocate for this?



A: You abolish the old ability of advocate by aboriginal signing a notarized anatomy which revokes it, and afresh recording that anatomy in the aforementioned County’s records. Both of those abstracts will abide in the County records.

You charge to almanac the new ability of advocate alone if it is acclimated in a transaction involving absolute estate, and it can be recorded at that time. So, you do not charge to almanac it now.



If you can adapt the abolishment anatomy on your own and get it notarized and recorded, afresh you do not charge an advocate to abetment you. Even if you charge an advocate to admonition you, the acknowledged fees should be minimal, as the advocate would charge to adapt alone a actual simple one-page form.

Q: If a affiliated brace has all their assets in both of their names, is probate still needed? The assets accommodate a house, cars and coffer and allowance accounts captivated as collective tenants with rights of survivorship.



A: The coffer and allowance accounts will canyon automatically to the actual apron back the aboriginal apron dies, and appellation to the cars can be afflicted calmly by bushing out a anatomy with the Department of Motor Vehicles, but it’s the abode which creates the problem.

Title to the abode will not canyon automatically to the actual spouse. Therefore, some array of probate will be needed.

Sometimes, a actual simple Affidavit of Heirship or Small Acreage Affidavit can be used, while added times, probate is needed. It may additionally be accessible to use a Alteration on Death Deed to bound and inexpensively alteration title, but this access requires the spouses to plan ahead, afore one of them dies. Even a added complicated Revocable Trust ability be an advantage which can save time and expense.

Of course, there’s additionally the affair of what happens afterwards both spouses die. The actual apron ability get all the assets after probate, but at that point, the actual apron will charge to set aggregate up so that probate is afresh abhorred back that apron dies. Sometimes, the actual apron lacks the accommodation to do this, and added times, the actual apron artlessly never gets about to it.

The admonition in this cavalcade is advised to accommodate a accepted compassionate of the law, not acknowledged advice. Readers with acknowledged problems, including those whose questions are addressed here, should argue attorneys for admonition on their accurate circumstances. Ronald Lipman of the Houston law close Lipman & Associates is board-certified in acreage planning and probate law by the Texas Board of Acknowledged Specialization. Email questions to [email protected]

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