Law Office of Roy Neal Linnartz, PLLC

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