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Joint vs. Contractual Wills in Texas: How Best Laid Plans Can Go Awry

Joint Wills vs. Contractual Wills in Texas | Austin Estate Planning Lawyer

When & Why Contractual Wills Are Used & How to Protect Your Interests as a Testator or Heir

Joint wills have been used for decades as a way for two parties to share one will when they have the same vision for their estate, fully agreeing on how to distribute their property. Better suited for simple estates with minimal beneficiaries, joint wills tend to come into play with spouses, domestic partners, and family members, particularly those looking for a seemingly easy way to simplify an estate plan and memorialize their wishes in a single document.

As straightforward as joint wills may appear on paper, the reality is they may not be the most prudent option for achieving testators’ shared objectives. In fact, with joint and contractual wills in Texas, specific limitations and distinct challenges can arise when it’s time to administer the will and enforce its terms. That can open up some disadvantages and unforeseen obstacles, some of which can spark contentious disputes in the future. 

Foreclosure Sales: Buyers Can Be Required to Forfeit Property Even Years After Purchase

reclosures, Property Sales & Estate Administration in Texas | Austin Estate Planning Lawyer

Buyers, Beware of Purchasing a Decedent’s Foreclosed Property. Here’s Why.

Foreclosures and property sales typically attract real estate investors hunting for bargain basement prices. That’s no secret. However, there may be hidden risks involved in these transactions when the property owner has recently passed away. 

In fact, when it comes to foreclosures on a decedent’s property in the Lone Star State, Texas Estates Code and case law set forth some distinct rules regarding when: 

  • The foreclosure could be rendered voidable.
  • The sale of the foreclosed property could be superseded and reversed via the administration of an estate.
  • The buyer of the foreclosed property could lose out, despite making a good-faith purchase.