Law Office of Roy Neal Linnartz, PLLC

10/13/2026

We have noticed an increase in wraparound mortgages lately. We believe higher interest rates and increased inventory are driving this trend, and we want to make sure people are informed before considering this option.

How it works: A Seller sells the property to a Buyer and owner-finances it, but the Seller does not pay off their existing mortgage. The original lender has a first lien on the property, and the Seller has a second lien on the property. Buyer pays Seller, and Seller pays the original lender.

Benefits: This arrangement benefits a Buyer who may not be able to get a conventional loan. It benefits the Seller by helping to move a property in a slow-moving market and allowing the Seller to charge an interest rate so that they make a profit above what they owe on the original mortgage.

Risks: The original mortgage contains a “Due on Sale” clause, which is triggered if the property is sold. If the original lender does not give written approval of the wraparound mortgage, which they likely will not, then they can call the entire balance due. Also, the Buyer can pay the Seller, and the Seller can keep the money without paying the original lender, which can then lead to a foreclosure of the first lien and loss of the property by the Buyer. With some planning, these are not likely, but they are possible, and anybody going into a wraparound mortgage needs to understand the risks.

If you need help with a wraparound mortgage, call the Law Office of Roy Neal Linnartz, PLLC at 830-625-9300.

09/17/2026

Who gets my property if I die without a Will?

The answer to this question could be simple or complex depending on the nature of the property you own and the makeup of your family when you die. For example, to keep things simple, let’s assume you have only been married once, you are still married to your spouse, and all children are shared with your spouse. Any separate property (see FAQ on our website for an explanation of separate versus community property) that is real property would go to your children, but your spouse would get a life estate in 1/3 of the real property if they survived you. Separate property, which is personal property, would be divided 1/3 to your spouse, if they survived you, and 2/3 to your children. Assuming the same family situation above, community property, both real property and personal property, would go to your spouse if they survive you.

Let’s assume you have had more than one marriage and children from outside the marriage to your current spouse when you die. In this case, your surviving spouse would get 1/2 of the community property, both real property and personal property, and your children would get 1/2 of the community property, both real property and personal property.

Beyond the above illustration, it can get much more complex, which is why it is so important to have an estate plan in place. Having a plan allows you to direct where your property goes when you die and makes the process so much easier for the people you leave behind. If you need help with planning your estate, call the Law Office of Roy Neal Linnartz, PLLC at 830-625-9300 to schedule an appointment.

07/29/2026

My spouse passed away but I am the beneficiary in their Will so I don’ t need to do probate do I?

If spouses have planned for their assets to pass outside of probate (via Transfer on Death Deeds, Ladybird Deeds, Right of Survivorship, Transfer on Death/Payable on Death account designations, and beneficiary designations), you may not have to do probate. However, if there is real property without a Transfer on Death Deed or Ladybird Deed, probate will be necessary to vest title fully in the surviving spouse. Also, if there were accounts in only one name (no joint tenants with right of survivorship) and without Transfer on Death/Payable on Death designations or beneficiary designations, you may have to do probate. After someone passes, it is best to visit an attorney to discuss whether probate is necessary. There is a statute of limitations of four years to do probate once someone passes so you don’t want to wait too long. If you have questions about planning or probate, contact the Law Office of Roy Neal Linnartz, PLLC at 830-625-9300.

The Law Office of Roy Neal Linnartz, PLLC represents clients in Estate Planning, Wills, Probate, Trusts, Real Estate, Family Law, Guardianship, Mediation.

06/15/2026

We are hiring!

We are looking for somebody with experience in real estate, probate, and guardianships to add to our team. The ideal candidate will have some experience in the above but some on-the job training is available. Experience with Wills and Trusts is a bonus. We have a fun and relaxed office atmosphere. Compensation is based on experience with average pay at $120/hour.

WE WILL NOT ACKNOWLEDGE OR RESPOND TO AGENCIES OR CONSULTANTS, ONLY ACTUAL CANDIDATES.

04/30/2026

What is community property and what is separate property?

Texas is a “community property” state meaning that property is classified as either community property or separate property.

Property owned prior to a marriage is separate property while property acquired during the marriage is presumed to be community property. However, property acquired as a gift, inheritance, or bequeathal in a Will is also separate property.

Examples of separate property:

Property and income owned or earned prior to marriage
Gifts
Inheritances
Capital gains
Personal injury claims for injuries
Examples of community property:

Income during the marriage
Property acquired during the marriage
Dividends and interest
Personal injury claims for lost wages
Retirement benefits accrued during marriage
Property retains its character through mutations such as selling a house and buying a new house. For example: If one spouse owned a house prior to the marriage and sells that house, the cash proceeds would remain separate property. If those cash proceeds are used to purchase another house, the second house is also the separate property of the spouse that sold the first house and applied the proceeds to purchase the second house. However, the mutation should be documented because there is a presumption that property acquired during a marriage is community property.

If one spouse owns a house prior to the marriage, the house is that spouse’s separate property. If the married couple puts community property funds into improving, maintaining, or repairing the one spouse’s separate property house, there could be a claim for reimbursement by the spouse who does not own the house as separate property but the house would remain the separate property of the spouse who owns the house as community property.

If someone wants to retain the character of their separate property, it is important that they keep their separate property compartmentalized and not commingled with community property assets. Separate property can be traced back to determine its character but doing so can be difficult and cost prohibitive if the commingling happens for a period of time.

The above description of community and separate property is very general and simplified to answer basic questions. Each scenario should be evaluated based on the facts of that scenario.

For more information you can review this section of the Family Code: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.3.htm