Roaming the Blogs - There's Great Info Out There, Giving Answers to Questions We're Frequently Asked

Just like lots of places, our court has Frequently Asked Questions ... and there are some great Texas bloggers (or "blawgers") that have posted excellent answers to some of the queries that our court personnel hear quite a bit:

1. What happens if I die without a will in Texas?

A great answer is provided by the Texas Probate and Guardianship Blog, which is written by Ford & Mathiason, LLP (offices in both Houston and Dallas).

2. What are Guardianships and how do I get one (for my mom, dad, child, etc.)?

The Center for Children, Law & Policy of the University of Houston Law Center maintains a blog entitled, Children and the Law which gives an overview of the guardianship process (jurisdiction, venue, etc.) as well as links to the pertinent sections of the Texas Probate Code.

3. Can anyone be a Guardian in Texas?

The fast answer is NO. For an example of a controversy surrounding a guardian for elders and the Texas requirement that guardians in Texas be certified, check out the post written for the blog of the National Association to Stop Guardianship Abuse, entitled "Closer to Freedom."

4. Your loved one has died, and you've found the Will. Now what?

Lots of Texas law -- and federal law, as well -- applies to the transitioning of property upon the death of the property owner. Finding a will is good news because it avoids the intestacy statutes (where the state decides who gets what), but just holding that will in your hands isn't enough.

For what to do when you've found the will, check out "What's the First Thing an Executor under the Will Must Do?" written by Austin's Cary & Lippencott, PLLC, in their Texas Probate and Estate Planning Law Blog.

5. What are wills, living wills, directives to physicians, special needs trusts, estate tax, or estate plans, do I need to worry about it, and can the court help me do it myself?

Last answer first: no, our court doesn't provide legal representation. As to what these various aspects of estate planning are - and why you may need them -- read post entitled "Estate Planning Basics, " in the Wills, Trusts & Estates Blog overseen by Texas Tech law professor Gerry Beyer.

Blogs for the Probate Practitioner

Slowly but surely, we're compiling a link list (there, on the right side of the screen) of web sites that are helpful to those involved in Bexar County Probate Court issues. The sites range from eminent domain to elder law, and have information helpful to the lawyer and non-lawyer alike.

Blogs are not included in this link list. However, more and more blogs (or sometimes, "blawgs") are popping up here in Texas -- recently, the Texas State Bar began providing a blog directory on its site. The Bar's Blog Directory covers a variety of legal specialties: there are blogs for family law practioners, tax lawyers, and personal injury attorneys, among others.

The Bar's directory is new and growing -- but as of today, there were no probate-specific blogs listed. We did find a few ....

First, we found Texas Estate Planning Blog provided by Ford & Mathiason, a law firm with offices in both Houston and Dallas. This blog began in February 2007 and looks promising.

There was Gary M. Howell's Texas Estate Planning and Probate Law Blog which has some good information -- but the blog died in November 2005, when attorney Howell took a spot with Merrill Lynch to work with high net worth clients (according to his farewell post).

And, we don't understand why Prof. Gerry Beyer's Blog hasn't made it to the Bar Directory yet. It's a great resource, updated often, and a real find for probate practioners everywhere.

As for law blogs that are not probate-specific, there are several that you may find worth your time:

Jerry Buchmeyer has been blogging since 2003, posting on the same humorous topics as his beloved Texas Bar Journal column. It's not probate-specific, but what the heck. It's funny.

Houston attorney Tom Kirkendall has posted to Houston's Clear Thinkers for awhile now. It's got lots of legal thought, plus a variety of entertaining issues. Especially if you like baseball.

Practical Lawyering is a blog written by Chicago attorney who has left a big government job to open a solo practice specializing in estate planning. So far, he hasn't revealed his name. Wonder why....

At the end of April 2007, the San Antonio Express News began a blog, SA Hearsay, where reporters Elizabeth Allen, Guillermo Contreras, and Maro Robbins post regularly. The blog promises to provide "[l]egal tidbits from Bexar County's courthouses and beyond."

While this blog is not probate-specific, Ms. Allen has been posting regularly on the BK Johnson trial, which is currently being heard in our sister court, Probate Court One, with Polly Jackson Spencer as presiding judge. FYI, closing arguments begin Monday.

Other law blogs you might find interesting:

The Wall Street Journal's Law Blog
The Supreme Court of the United States Blog
Yale Law Journal Blog - The Pocket Part
Ernie the Attorney