Joseph Oluwatukesi Probate Articles: Bryan Fagan Law

Articles by Joseph Oluwatukesi on Texas Probate & Family Law

Oluwatukesi Joseph is a Content Writer at LOBF. He holds a Master’s Degree from Obafemi Awolowo University in Architecture, However, his love for writing and content creation has transitioned him into the writing and content marketing field. He has gained relevant certification from other notable Universities where he developed a strong foundation in content marketing and writing. Outside of work, Joseph enjoys spending quality time with friends and family and playing chess, which he finds often complements his professional pursuits. Joseph is excited to be part of the dynamic team at The Law Office of Bryan Fagan, contributing his expertise to spreading the good news of LOBF to Families across Texas.

The Texas Land Rush: How to Handle Inherited Land Without TitleWhen the Executor Is Also a Beneficiary: Texas Law on Potential Conflicts

In the aftermath of a loved one’s death, estate administration can be one of the most emotionally and legally complex experiences a family faces. At the center of this process stands the executor — the person appointed to carry out the deceased’s final wishes, settle debts, and distribute assets according to the will. Often, the […]

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Leaving Property to a Minor in Texas: What Could Possibly Go Wrong?

Family Law, Financial Law, Guardianship / Joseph Oluwatukesi

When most people write a will or plan their estate, they do it with love and responsibility in mind. They want to ensure their assets go to those they care about most, especially children and grandchildren. But what happens when those intended heirs are minors? Can a child inherit property outright? What does Texas law

Leaving Property to a Minor in Texas: What Could Possibly Go Wrong? Read More »

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When Siblings Can’t Agree on an Inherited Property: Sell, Rent, or Battle It Out?

Family Law / Joseph Oluwatukesi

Inheriting property after the death of a loved one can be a complex and emotional experience. This is especially true when more than one person shares the inheritance. For siblings, the passing of a parent often means not just grieving a loss, but also figuring out what to do with the family home or other

When Siblings Can’t Agree on an Inherited Property: Sell, Rent, or Battle It Out? Read More »

The Unclaimed Property Jackpot: Could You Have Forgotten Assets Waiting for You?

Family Law, Financial Law / Joseph Oluwatukesi

Every once in a while, a headline pops up that reads something like: “Texas Woman Discovers $40,000 in Unclaimed Funds” or “Man Finds Forgotten Savings Account from the 90s.” These stories feel almost too good to be true. And yet, they happen more often than you might think. Somewhere in the depths of Texas’ unclaimed

The Unclaimed Property Jackpot: Could You Have Forgotten Assets Waiting for You? Read More »

Can You Cut Someone Out of Your Will? How Texas Law Handles Disinheritance

Family Law, Financial Law / Joseph Oluwatukesi

It’s a subject few families like to confront, but it plays out every day in probate courts across Texas: the act of disinheriting someone from your will. Whether it’s the child who drifted away, the sibling who never returned your calls, or even a spouse whose relationship with you has long soured, people often want

Can You Cut Someone Out of Your Will? How Texas Law Handles Disinheritance Read More »

Probate vs. Trusts: Which One Makes More Sense for Your Texas Estate?

Family Law, Financial Law / Joseph Oluwatukesi

When it comes to planning your estate in Texas, two legal pathways often come up in conversation: probate and trusts. Both serve the goal of transferring assets after death, but they differ widely in process, cost, privacy, and control. And while neither is perfect for every situation, understanding how each works in Texas can help

Probate vs. Trusts: Which One Makes More Sense for Your Texas Estate? Read More »

Probate gavel resting on a red document labeled "PROBATE" alongside a "Last Will and Testament" document, symbolizing legal processes in estate planning.

The Case of the Vanishing Will: When Estate Documents Mysteriously Disappear

Family Law, Financial Law, Uncategorized / Joseph Oluwatukesi

In the realm of estate planning, a legally valid will is supposed to be the voice of the deceased—a written expression of their final wishes regarding how their property should be distributed. But what happens when that voice vanishes? Imagine the scenario: a loved one passes away, and family members are confident a will exists.

The Case of the Vanishing Will: When Estate Documents Mysteriously Disappear Read More »

Person signing legal documents with a pen beside a gavel and scales of justice on a wooden desk, representing probate law and legal proceedings in Texas.

How to Keep Real Estate in the Family Without Probate Drama

Family Law, Financial Law / Joseph Oluwatukesi

Real estate is often more than just land and buildings. It holds memories, legacy, and deep emotional ties for many Texas families. Whether it’s a modest family home passed down through generations or a large parcel of rural land that’s been in the family for decades, keeping real estate in the family is one of

How to Keep Real Estate in the Family Without Probate Drama Read More »

Torn hundred-dollar bill revealing the word "DEBT," symbolizing financial obligations and estate planning considerations in Texas probate law.

What Happens to Your Debt When You Die? The Texas Probate Perspective

Family Law, Financial Law / Joseph Oluwatukesi

When someone dies in Texas, their debts don’t simply disappear. While surviving loved ones may be busy mourning, the law is busy working. And one of its first orders of business is sorting out what happens to the debts left behind. For many families, especially those unfamiliar with probate law, this process can be filled

What Happens to Your Debt When You Die? The Texas Probate Perspective Read More »

writing a will can feel like the final word on how your assets should be handled after death, indignant millennial male accusing incompetent female colleague

The Texas Land Rush: What to Do When Someone Passes Without a Clear Title

Family Law / Joseph Oluwatukesi

Texas is no stranger to land disputes. From early settlers staking claims during the original land rush to modern real estate booms, land ownership in Texas has always carried a mix of opportunity and complexity. But what happens when someone passes away and the land they leave behind has no clear title? It’s not a

The Texas Land Rush: What to Do When Someone Passes Without a Clear Title Read More »

Understanding the Role of an Executor in Texas Probate

The executor plays a crucial role in the probate process, responsible for managing the deceased's estate, ensuring that debts are paid, and distributing assets according to the will. This role requires a clear understanding of Texas probate laws and the ability to navigate complex legal requirements.

In Texas, the executor is typically named in the will and must be approved by the probate court. Their duties include gathering the estate's assets, notifying creditors, filing necessary documents with the court, and ultimately distributing the remaining assets to beneficiaries. Failure to fulfill these responsibilities can lead to legal complications or personal liability.

Common Mistakes to Avoid in Estate Planning

Estate planning is essential for ensuring that your wishes are honored after your passing, yet many individuals make critical mistakes that can lead to disputes or unintended consequences. Common pitfalls include failing to update beneficiary designations, not having a will, or overlooking tax implications.

For instance, neglecting to review your estate plan after major life events—such as marriage, divorce, or the birth of a child—can result in outdated provisions that do not reflect your current intentions. Working with an experienced attorney can help identify these issues and ensure your estate plan is comprehensive and tailored to your needs.

What to Expect During the Texas Probate Process

The Texas probate process can be daunting for those unfamiliar with legal procedures. Understanding what to expect can alleviate some of the stress associated with settling an estate. The process typically begins with filing the will and an application for probate in the appropriate court.

Once the court validates the will, the executor is appointed and can start managing the estate. This includes notifying heirs, inventorying assets, paying debts, and ultimately distributing the remaining assets. The timeline for probate can vary widely depending on the complexity of the estate, ranging from a few months to several years.

Exploring Alternatives to Traditional Probate

Many individuals seek alternatives to traditional probate to simplify the transfer of assets and reduce costs. Options such as establishing a living trust or utilizing joint ownership can help avoid the lengthy probate process altogether.

For example, assets placed in a living trust can be transferred directly to beneficiaries upon death without going through probate, providing a quicker and often more private means of asset distribution. Understanding these alternatives can empower individuals to make informed decisions about their estate planning strategies.