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# Tarleton Firm: Protect Your Family, Secure Your Legacy

## Sitemaps
[XML Sitemap](https://tarletonfirm.com/sitemap_index.xml): Includes all crawlable and indexable pages.

## Posts
- [Small Estate Affidavit Texas: Requirements, Limits, and How to File](https://tarletonfirm.com/small-estate-affidavit-in-texas/): A clear guide to the Texas Small Estate Affidavit, including limits, who qualifies, what to include, and how to file with the probate court.
- [What Happens to Bank Accounts After Death in Texas?](https://tarletonfirm.com/what-happens-to-bank-accounts-after-death-in-texas/): A clear Texas guide to what happens to checking, savings, and joint bank accounts after death, and how to access funds without unnecessary delay.
- [What Happens to a Business When the Owner Dies in Texas?](https://tarletonfirm.com/what-happens-to-a-business-when-the-owner-dies-in-texas/): When a business owner dies in Texas, what happens next depends on your structure, your estate plan, and whether you have a succession agreement in place. Here's what you need to know.
- [What Happens to a House During Probate in Texas? Step-by-Step Guide](https://tarletonfirm.com/what-happens-to-a-house-during-probate-in-texas-2026/): Know what happens to a house during probate in Texas step by step so you or your heirs will be prepared with the process and documents when that day comes.
- [Do Wills Have To Be Notarized In Texas? What Dallas And Terrell Residents Should Know](https://tarletonfirm.com/do-wills-need-to-be-notarized-in-texas/): Learn whether wills need to be notarized in Texas, how self-proving affidavits work, and what Dallas and Terrell residents should know.
- [How to Serve as an Executor in Texas Without Getting Sued (or Losing Your Mind)](https://tarletonfirm.com/serve-as-executor-in-texas-without-getting-sued/): Address family land disputes early, especially without formal rights to a relative’s property. Know what to settle before it’s too late.
- [Family Land Disputes: What Happens When You Build on a Relative’s Property Without a Contract](https://tarletonfirm.com/family-land-disputes-without-a-contract/): Address family land disputes early, especially without formal rights to a relative’s property. Know what to settle before it’s too late.
- [How to Choose Between a Power of Attorney and a Living Trust (And Why Banks Hate One of Them)](https://tarletonfirm.com/power-of-attorney-vs-a-living-trust/): A quick guide to choosing between power of attorney vs a living trust. Know what’s best for your assets and family, and which option banks are more likely to challenge.
- [Can You Write Your Own Will in Texas?](https://tarletonfirm.com/can-you-write-your-own-will-in-texas/): Can you write your own will in Texas? Texas law allows handwritten wills, but DIY wills often create problems in probate. Learn the risks before deciding.
- [How Probate Works In Texas (And What Families Should Expect)](https://tarletonfirm.com/how-probate-works-in-texas/): How does probate work in Texas? Learn the step by step process and what Dallas families should expect when settling an estate.
- [Can Probate Be Avoided in Texas?](https://tarletonfirm.com/can-probate-be-avoided-in-texas/): Can probate be avoided in Texas? Learn which assets bypass probate, when trusts and deeds help, and how estate planning can protect your family.
- [How Long Does Probate Take in Texas? Timelines for Terrell and Dallas Estates](https://tarletonfirm.com/how-long-is-probate-in-texas/): How long does probate takes in Texas? We share an estimated timeline and what families of Terrel & Dallas estates can expect.
- [Trust vs. Will in Texas: A Dallas Attorney Explains the Difference](https://tarletonfirm.com/trust-versus-will-in-texas/): Not sure whether you need a trust or a will in Texas? A Dallas estate planning attorney explains the differences, probate rules, and practical examples.
- [Estate Planning Checklist for Texas Parents: What Families Often Overlook](https://tarletonfirm.com/estate-planning-for-texas-parents/): Texas parents often overlook key estate planning details, including incapacity planning and guardianship decisions. This checklist explains wills, trusts, guardianship, and what families should plan for early.
- [What Happens If You Die Without A Will In Texas?](https://tarletonfirm.com/die-without-a-will-in-texas/): What happens if you die without a will in Texas? Learn how intestacy laws work, who inherits your estate, and how a will can protect your family from unnecessary stress.
- [Do You Need a Will in Texas?](https://tarletonfirm.com/will-in-texas/): Do you need a will in Texas? Understand when a will is required, what happens if you do not have one, and how to plan with confidence.
- [Best Estate Planning Attorneys in Texas (2026)](https://tarletonfirm.com/best-estate-planning-attorneys-in-texas/): Discover top estate planning attorneys in Texas for 2026, including firms specializing in wills, trusts, and probate for families and individuals.
- [How To Start Your Texas Estate Plan (2026 Guide)](https://tarletonfirm.com/start-your-texas-estate-plan/): Start your Texas estate plan with confidence. This 2026 guide explains wills, trusts and key documents, and shares practical steps to protect your family.
- [Essential Legal Documents for Incapacity Planning](https://tarletonfirm.com/essential-legal-documents-for-incapacity-planning/): Estate planning is often thought of as the process of planning for the transfer of assets to beneficiaries at death; however, a comprehensive estate plan takes into account your wishes for your care when facing cognitive impairment, ranging from normal age-related decline to complete incapacity. The reality is that we all face an increasing chance of cognitive impairment as part of the normal aging process, but even young individuals could experience cognitive impairment or incapacity as a result of a medical emergency. There are several key documents, discussed below, that should be in place for any adult to cover such circumstances. These include essential legal documents to ensure your wishes are respected. Having the right essential legal documents provides clear guidance for your family and caregivers.
- [4 Key Steps for Estate Planning for Small Business Owners](https://tarletonfirm.com/estate-planning-for-small-business-owners/): Business owners naturally tend to focus on the day-to-day operations and needs of their business, employees, and customers. But long-term planning is important to protect the value you have built in your business. Unfortunately, most Texas business owners, like most individuals, do not have even the most basic estate planning documents in place. Estate planning for small business owners is essential to consider how your business would be affected by unexpected events, including a health emergency, incapacity, or death. Your plans should also include your goals for your retirement, your family, and your employees. Lack of planning can put these goals into jeopardy.
- [Basic Will Requirements](https://tarletonfirm.com/basic-will-requirements/): A Will is an important legal document that allows you to determine the beneficiaries of your estate at your death. It also provides for the manner and timing of the distribution of your property after your death, including deferring distributions with trusts, while meeting the basic Will requirements.
- [What is Probate?](https://tarletonfirm.com/probate-in-texas/): If there is a valid Will, the first steps in beginning the probate in Texas process often include filing the Will with the court and submitting an application seeking the appointment of the executor named in the Will. If there is not a valid Will, probate in Texas may instead begin with a petition to the court to determine who are the heirs of the deceased person’s estate. The heirs in an intestate estate may also seek the appointment of an administrator (who administers the estate like an executor).
- [Don’t Overlook Life Insurance After Divorce](https://tarletonfirm.com/dont-overlook-life-insurance-after-divorce/): One vital step after a divorce is to update estate planning documents and beneficiary designations, or to get an estate plan in place if one has never been prepared.  For example, if your planning documents were based on a marriage relationship that no longer exists, it is probably necessary to update your documents to reflect your desires for your executors and agents.  Also, it usually the case thLife Insurance After Divorce at you do not intend to keep an ex-spouse as the primary beneficiary of a life insurance policy or retirement account.
- [My Step-Mom Has Dad’s Will – How Can I Get It?](https://tarletonfirm.com/where-is-the-will/): Out of respect for grief and family harmony, children often allow some time to pass after a death before asking a step-parent where is the Will of the deceased biological parent that they know or believe exists. After some time has elapsed, however, the children understandably want answers about where the Will is located, whether a valid Will actually exists, and whether any steps are being taken to file or probate the Will.
- [Your LLC Needs an Operating Agreement](https://tarletonfirm.com/your-llc-needs-an-operating-agreement/): Using a free form off the internet or a form provided by your accountant is not the right way to address these questions.  They should be detailed in a binding governing document called an Operating Agreement that is prepared by an attorney.
- [Lost Life Insurance Policies](https://tarletonfirm.com/lost-life-insurance-policies/): Unfortunately, it is not uncommon for life insurance policies to be purchased by young adults who then bury the policy documents in a file drawer but keep paying premiums every year.  Even though the policy is usually bought to provide a safety net for young children, when the children become adults the parents may never fully inform the children about the policies that may still exist.
- [Owning a Home in a Revocable Living Trust](https://tarletonfirm.com/owning-a-home-in-a-revocable-living-trust/): If you own real estate in your personal name at death, some form of probate in the state where the property is located will be required to transfer the property to your heirs or beneficiaries. In order to avoid or minimize probate (especially for individuals who own real estate or mineral interests in multiple states), clients sometimes include a Revocable Living Trust in their estate planning since assets in the trust pass outside of probate. For more on this strategy, see Owning a Home in a Revocable Living Trust.
- [Family Loans](https://tarletonfirm.com/family-loans/): As discussed in a recent article , Millennials are increasingly borrowing funds from mom and dad rather than a traditional bank – most commonly asking for help in making a down payment on a new home. Given the difficulty of making a home purchase in the present market and the significant expense involved, parents should seek legal advice regarding their options to best provide financial support to a child and ensure appropriate documentation is in place for Family Loans.
- [Planning for Retirement Accounts](https://tarletonfirm.com/planning-for-retirement-accounts/): Easter is almost here, so in that vein this week’s post looks at planning for a “nest-egg”. For most of us, that means talking about retirement accounts, whether using an IRA, SEP, 401k, or 403b. A budget for how to use retirement savings is good, but it is also vital to make sure retirement accounts are aligned with your overall estate plan. Retirement accounts can often hold the bulk of assets left to loved ones, so planning for retirement accounts may, in fact, be the central focus of an estate plan. This also includes making sure you have a plan for access to your retirement savings if you ever needed help managing your finances during retirement.
- [Probate Assets vs. Non-Probate Assets](https://tarletonfirm.com/probate-assets-vs-non-probate-assets/): When comparing Probate Assets vs. Non-Probate Assets, probate assets are those that are held in the deceased individual’s name at the time of his or her death and are distributed through the probate process to the heirs or beneficiaries of the estate. Such assets generally consist of any property that is not otherwise distributed through a non-probate process, as described below. The probate process used to transfer a probate asset can vary depending on the type of asset and whether a Will exists. When a valid Will exists and the Will appoints an Independent Executor, the probate process can be relatively simple in Texas. To see what the independent administration process looks like, please
- [What are the risks of DIY Wills?](https://tarletonfirm.com/risks-of-diy-wills/): We all know that a Will is one of the most significant legal documents you’ll ever sign, and it provides an opportunity to: (1) have your wishes heard (and followed) and (2) make sure things go smoothly for your family after you pass. An improperly written Will or incorrectly executed Will can end up failing to achieve either goal, and worst of all you won’t know until it’s too late whether you got it right. Understanding the potential risks of DIY Willsis crucial before deciding to go this route. If a mistake was made, your family will have to find that out at the same time they are dealing with losing you.
- [Changes for estate and gift tax under the new Tax Cuts and Jobs Act](https://tarletonfirm.com/2018-estate-and-gift-tax-update/): Effective as of January 1, 2018, the recently enacted Tax Cuts and Jobs Act (“TCJA”) made many significant changes to the tax law, including the area of estate and gift taxes.  These changes present an opportunity to take advantage of a historically large exemption amount, and should also prompt a review of existing estate planning documents and beneficiary designations (particularly if such plans were made based on the much lower exemption amounts before 2010).
- [Parents of New College Students, Did You Know?](https://tarletonfirm.com/parents-of-new-college-students-did-you-know/): Estate planning is essential for adults of any age, including new college students. For parents of new college students, this stage often brings growing independence as students move into a new dorm room or apartment, while parents and family continue supporting them as they explore new opportunities such as study abroad programs or travel with student groups. There are key documents and important information that parents of new college students should have in place in case an emergency arises.

## Pages
- [Estate Planning Attorney Terrell, TX](https://tarletonfirm.com/estate-planning-attorney-terrell/): We provide trusted guidance from a reliable Terrell estate planning attorney to plan your estate with peace of mind, from protecting your family today to honoring your legacy tomorrow.
- [Client Handouts](https://tarletonfirm.com/client-handouts/): Let’s have a conversation about what matters most to you and your family. We’ll help you understand your options and start planning with confidence.
- [Team | Fees & Policies](https://tarletonfirm.com/fees-policies/): At Tarleton Firm, we believe clear communication around fees is an important part of building trust. We want you to feel informed and confident before work begins. Here’s a brief overview of how our billing works:
- [Terrell Location](https://tarletonfirm.com/terrell-office/): Our Terrell office is located on the second floor of the American National Bank of Texas building on W Moore Avenue. It’s right in the heart of downtown Terrell, making it easy for clients to find, park, and come inside for their appointment.
- [Dallas Location](https://tarletonfirm.com/dallas-office/): Our Dallas office is conveniently located inside The Gild, a modern high-rise off North Central Expressway. Whether you're driving in from North Dallas, downtown, or the nearby Park Cities area, getting to our office is simple and straightforward.
- [Wills & Trusts](https://tarletonfirm.com/wills-trusts-attorney/): Thoughtful Dallas Wills & Trusts Attorney services that protect your family, avoid probate and keeps your wishes private.
- [Blog](https://tarletonfirm.com/blog/)
- [Allan Tarleton](https://tarletonfirm.com/allan-tarleton/): “I help people deal with legal issues after the loss of a family member or loved one. It is a very trying time, and I find it rewarding to be of help. I also help people plan their legacy, and applying my role in advising clients on their plans for the future.”
- [Contact](https://tarletonfirm.com/contact/): Whether you’re planning for the future or managing a loved one’s estate, we’ll guide you with compassion and decades of Texas experience.
- [Probate](https://tarletonfirm.com/probate-lawyer-dallas/): Losing a loved one is hard enough. We’ll take care of the legal details and guide you every step of the way.
- [Estate Planning Dallas TX](https://tarletonfirm.com/estate-planning-dallas-tx/): We provide trusted guidance from a reliable Dallas estate planning attorney to plan your estate with peace of mind, from protecting your family today to honoring your legacy tomorrow.
- [Team](https://tarletonfirm.com/team/): We know these conversations can bring up difficult emotions. That’s why we approach every situation with patience and understanding. You’ll have a steady, experienced team by your side, making sure you feel supported and confident throughout the process.
- [Home](https://tarletonfirm.com/): From protecting your family today to honoring your legacy tomorrow, get trusted guidance from a reliable estate attorney Dallas to plan your estate with peace of mind.

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