Types of Probate in Texas

The bank won’t let you access your deceased loved one’s bank account unless you have “Letters Testamentary”. Your cousin said he doesn’t think that’s right because he transferred title to his mother’s car with an “Affidavit of Heirship”. Your friend said that when her mother passed they had to “probate” the Will, but it was really easy and she didn’t even have to go to court. What are “Letters Testamentary” and why does the bank say you need them?  How do you get “Letters Testamentary”? Do you have to probate the Will? What is an “Affidavit of Heirship” and why can’t you do one of those instead? Continue reading

Can I File Bankruptcy Without My Spouse?

What if one spouse wants to file bankruptcy and the other does not?  Can one file without the other?  The short answer is “Yes” – but with some caveats.

Married couples may find it beneficial for one spouse to file bankruptcy alone.  One spouse may hold debts in his or her name alone.  The other spouse may want to preserve their own credit rating and credit accounts.  While a “married filing single” Bankruptcy can be beneficial in some circumstances, there are some things you will need to keep in mind when considering this option. Continue reading