Mounger and Campbell

Mounger and Campbell Estate Planning & Probate, Business Formation
& Consultation, Guardianships The lawyers and staff of Mounger and Campbell work hard to earn your trust.

The law office of Mounger and Campbell is dedicated to providing the residents of Hays County and Central Texas quality legal representation. They listen carefully to your concerns and discuss with you the available options because they know and appreciate that the best decisions are informed decisions. Your call will be answered by a polite and caring member of the staff. Spanish speaking person

nel are available. One of the attorneys will speak with you directly on the telephone or meet with you for a free initial consultation.

04/10/2026

Non-Probate Assets by Carrie Campbell, J.D.

Most assets can be titled or managed so that they pass outside of probate at the time of death. Such assets are considered “non-probate.” Typically, they are controlled by an agreement arranged while a person is healthy and capable of making their own decisions. It is suspect when transfers or contracts are set up after memory loss or medications compromise thought processes.

Therefore, careful planning must be done prior to illness or injury.
Non-probate assets include the following: property transferred to a living trust; property co-owned with rights of survivorship; property affected by a recorded transfer on death deed; life insurance with a named beneficiary; funds in an IRA or other retirement account with a named beneficiary; stocks or bonds held in a pay-on-death brokerage account; titled vehicles, trailers and boats with transfer on death registration or rights of survivorship; and payable on death bank accounts.

It is complex estate planning to create and maintain assets to avoid probate. Moreover, probate may be preferred. Probate reduces or eliminates capital gains taxes, lowers income tax as opposed to trusts, costs less than trusts, and permits contingency plans to benefit grandchildren who may inherit their parent’s share of an estate. In addition, probate (with a single executor to distribute assets pursuant to the terms of a Will) is much easier than co-ownership of property that challenges even the best of relationships. In my professional opinion, most estate planning should include a combination of both. For example, using non-probate measures between spouses; but relying on probate for descendants.

Regardless, a Will should always be included in any proper planning in the event a named beneficiary of a non-probate asset dies before you. You also cannot know the manner of your passing. Should your estate have a claim for wrongful death, then a Will greatly reduces the red tape to pursue and resolve such a claim. For a reliable plan that fits your family, consult with an attorney experienced in probate and estate planning -– and do so while the choices are yours to make.

03/06/2026

Serious Considerations in the Use of Trusts
by Carrie Campbell, J.D.

I receive multiple calls monthly requesting the creation of a Trust. For many years, it was standard practice to use trusts in Texas to minimize estate taxes, and it remains standard practice outside of Texas. However, during my 30 years of estate planning, the federal estate tax (which is the only death tax to apply in Texas since Texas does not have an estate tax of its own) has increased from $600,000 to $17 million per person. Few of my clients are at risk of paying estate taxes since married persons will double that exemption and be taxed only on assets over $34 million.

There are serious considerations when creating any trusts that demand there be benefits to outweigh the aggravation and expense. (1) Trusts are more expensive to create and maintain than using a single Will for asset distribution at the time of death. (2) Trusts have their own federal tax identification number and must file annual tax returns in addition to the individuals who create them. (3) The maximum tax rate for an individual and a trust is both 37%, but trusts are taxed much more aggressively. Individuals are taxed 37% only on taxable income over $640,600. Trusts are taxed 37% on taxable income over $16,000. (4) Capital gains are not necessarily avoidable using a trust. It depends on the type of trust, whether the trust is revocable or irrevocable, and how long the asset has been held by the trust. With increases from the date of property purchases to current market values, capital gains could be vastly more costly than the probate of a Will. Those who inherit property will get a step up in cost-basis to the date of death which greatly minimizes or eliminates any capital gain tax. (5) To successfully navigate the recording of trust income, gains and losses to minimize applicable taxes requires a sophisticated trustee with professional skills or the awareness to hire such an advisor.

To determine the best option for your family, consult an attorney experienced with estate planning.

Transfer on Death Deedsby Carrie Campbell, J.D. A Transfer on Death Deed (ToDD) is a good option for spouses to minimize...
02/05/2026

Transfer on Death Deeds
by Carrie Campbell, J.D.

A Transfer on Death Deed (ToDD) is a good option for spouses to minimize the possibility of probate. The ToDD, when properly prepared and filed in the county where the property is located, transfers one spouse’s interest to the surviving spouse at the time of death. The ToDD can also be used to transfer a parent’s interest to an adult child, but it is not recommended for more than one beneficiary. It is often a significant challenge when property is gifted to more than one person because joint owners rarely have the same ability to pay for property taxes, repairs, or maintenance, nor may they share the same standard of care when using the property.

For inheritance purposes, it is preferable in Texas to use a Will for the appointment of an executor to sell a property, then divide the proceeds as instructed between the heirs. It is one point of contact versus multiple owners trying to agree, negotiate the sale and attend the closing. The Will can also allow a child to buyout other heirs if they prefer to keep the property. Wills can include a contingent trust for minor children or grandchildren who might inherit, but ToDDs that transfer property to minor children will require guardianship proceedings which are more difficult, more expensive, and more intrusive than probating a Will.

It is important to note that having a ToDD does not on its own avoid probate. Probate is necessary when there are assets that must be conveyed or debts that must be discharged. A ToDD applies only to real property, and a separate ToDD must be filed for each piece of land if there is more than one. Different beneficiary forms would need to be completed and recorded for other common assets such as vehicles, financial accounts, business interests and royalties to avoid probate but with the same limits regarding minors.

To determine whether a ToDD is right for your family, you should consult with an attorney experienced in estate planning and probate.

12/26/2025

Application to Probate Without a Will
by Carrie Campbell

If a person dies without a Will, but there are assets that require a court appointed representative to convey those assets, then an Application to Probate must be filed that provides the names and addresses for all the immediate relatives of the deceased and/or people who may have an interest in the Estate. The applicant will be applying to be an “Administrator” of the decedent’s estate and must meet the same conditions as an executor, including no felony record. Once the Application is filed, a citation is posted at the courthouse and all immediate relatives must be served a citation by a constable notifying them that a probate case has been opened, or else they must execute a Waiver of Service which is filed with the clerk of the court.

Thereafter, a Petition for Declaration of Heirship must be filed by the Applicant asking the judge to determine who the heirs are and their respective interests. The Petition will also ask the Judge to appoint an attorney ad litem to investigate and represent any unknown heirs. The appointed attorney ad litem will interview relatives, check vital statistical records, and DNA databases such as Ancestry.com to make sure that no heir is left out.

Once the attorney ad litem completes his or her investigation and reports to the court, a hearing is held. In most circumstances, the Judge will require that the Administrator post a bond to ensure that the assets are secure. Unless all legally recognized heirs agree otherwise, the appointment of the Administrator will be dependent on the Court’s ongoing supervision and approval. The probate process without a Will typically costs twice as much as a probate with a Will, and takes up to three times as long depending on the number of heirs, and the type and complexity of the assets owned by the decedent.

To protect your family, avoid the extra expenses, and elude the potential delay of a dependent administration, contact an attorney experienced with estate planning to prepare a Will.

12/05/2025

Applications for Probating a Will by Carrie Campbell, J.D.

With proper planning, the probating of a Will in Texas is rather straight forward. It begins with the drafting and filing of an Application to Probate Will and for Issuance of Letters Testamentary at the County Court, Court-at-Law or Constitutional Probate Court depending on the county where the deceased lived. The Application informs the court that a certain individual has passed away and provides the court with that individual’s basic identification and demographic information. The Application further states whether a Will exists, and if so, the date of the Will, the names of the witnesses, the executor named in the Will, and if the Will was ever revoked. The Application should give additional information about the nominated executor, including contact information, why other named executors (if any) cannot serve, a criminal history report, and the person’s willingness to comply with the Will’s instructions and the Court’s orders. A request for Letters Testamentary is an essential part of the Application with a Will because it will be what the executor, once appointed, will use to gather information and distribute assets. The Application will be posted at the courthouse for 10 days with a “citation” or notice to the public in case anyone has relevant information to share with the court. Thereafter, there is a hearing on the Application, and if all the procedural requirements are met, then the court will grant Letters Testamentary.

The Application is typically filed by the person named as executor in the Will, but if they cannot fulfill the duties, then any person claiming an interest in the estate can offer the Will for probate. Additionally, there are circumstances when an estate’s debts outnumber the assets and the family has no incentive to probate. Accordingly, secured creditors of the decedent can file an Application to open an estate in order to have an executor appointed with authority to sell assets to satisfy the debts.

For more information, ask an attorney experienced with probate.

10/29/2025

Pitfalls of Do-It-Yourself Wills by Carrie Campbell, J.D.

I met with a woman who had recently lost her father. She produced for me her father’s “Will” naming her as executor. As I read through the document, it was obvious that the man had prepared this Will himself - in his daughter’s opinion, to save money. The Will attempted to address some complex issues since the man had outlived two of his four children, and he wanted to include his numerous grandchildren as heirs, some of whom were still minors. The language was confusing and left open to different interpretations as to inheritance and appointment of trustees to manage funds for the youngest heirs. When getting to the end of the document, there were multiple witness signatures without a place of residence noted. The affidavit following the Will’s signature page was unsigned.
The rules in Texas are strict for Wills. The person signing the Will and witnesses should be under oath and information shared so that the witnesses can assess whether the signer understands what they are signing. Witnesses should include a full address in case they are needed to testify during probate. The affidavit at the end of a Will is significant because it includes the specifics under oath that would otherwise need to be testified to in court. In this instance, because there is no completed affidavit stating that the witnesses were present together at the signing, the witnesses must be located to tell the judge these details in person. It is difficult to locate a witness who has no connection to family and has left no address.
Just because I can read a medical textbook does not mean I should try to perform an appendectomy. The same is true for legal documents of importance. The consequences of getting it wrong are hard on surviving family members and can generate expenses which far exceed the price of proper estate planning.

09/12/2025

The responsibility of preparing a Will and the legal documents for your final wishes is overwhelming. Carrie’s knowledge and thoughtful guidance made the process far less stressful.

I am confident in and grateful for Carrie’s expertise.

Arlene Hamlin-- Client

Removing an Executor by Carrie Campbell, J.D. One of the methods by which the Texas probate procedures are kept to a min...
08/28/2025

Removing an Executor
by Carrie Campbell, J.D.

One of the methods by which the Texas probate procedures are kept to a minimum is by the nomination and appointment of an independent executor to administer a probate estate. A properly prepared Will names an individual to represent the estate, and after a hearing to confirm the validity of the Will and eligibility of the person nominated, the Court will most often appoint the person selected as the Independent Executor. Once appointed, the Executor has fiduciary duties to manage the estate of the deceased, file an inventory with the court, pay debts, and distribute assets according to the Will’s instructions and the provisions of the Texas Estates Code.

Beneficiaries under the Will must be notified that they are included in the Will once the Will has been admitted for probate. There is no requirement to notify family members, or anyone NOT specifically named in the Will. An Executor must file an Inventory with the court within 90 days of his or her appointment. While the Inventory is public record, there is no requirement that copies be provided to beneficiaries or family members. In fact, no accounting is owed to beneficiaries unless one is requested AND more than 15 months have passed since the Executor’s appointment.

There are limited grounds under the Texas Estates Code for the removal of a court appointed Executor. An “interested person” who stands to benefit under a Will, may only file a motion to remove an executor for (1) failure to provide an accounting after one has properly been requested; (2) flagrant misconduct or mismanagement beyond ordinary neglect; (3) mental incapacity, addiction, imprisonment, or illness that makes it impossible for the executor to perform their duties; and (4) a “material conflict of interest” that makes them incapable of acting on their fiduciary duties. An executor who defends themselves against any such allegations (whether successful or not) may have all their legal expenses covered by the estate. Accordingly, it is very important when doing your estate planning to select the right persons as Independent Executor and successors.

07/22/2025

Creditor’s Claims in Probate
by Carrie Campbell, J.D.

Most individuals incur debt as an ongoing part of living within our society. When an individual dies, any remaining debt must be settled before any distribution of assets. The most common debts include home mortgages, car notes, credit cards, student loans, personal loans, utilities, medical bills, and taxes.

All secured creditors, along with taxing authorities, must be given written notice within one month of the court’s appointment of an executor or administrator of the deceased’s estate. That notice must meet the requirements of the Texas Estates Code and be delivered by certified mail, return receipt requested. Proof of delivery must be filed with the probate court. It is the representative of the estate that determines whether to notify unsecured creditors, and there are pros and cons which should be carefully considered.

To secure a claim for payment from the estate’s assets, a creditor must notify the Executor and file a Notice of Claim with the probate clerk within 4 months of their receipt of the formal notice. The creditor can elect to be paid in the due course of the administration, or if the debt qualifies, the creditor can select a “preferred” debt status and hold a lien status against estate assets. If an unsecured creditor (like credit cards) fails to respond within four months, then the claim against the estate is barred by law. If a secured creditor (like mortgage company or car note holder) fails to respond within the 4 months, then the claim against the estate will be given no preferential treatment or lien status.

If the Executor of an Independent Administration ignores the claim or expressly rejects the claim, then the creditor may file a lawsuit against the estate for payment. The standard deadline (known as the statute of limitations) for bringing a lawsuit applies, usually 2-4 years. If the court is overseeing a Dependent Administration, then the creditor has only 90 days to file a suit once a claim is rejected.
For more information or assistance navigating the probate process, you should consult with and retain an experienced probate attorney.

06/12/2025

Family Settlement Agreements in Probate
by Carrie Campbell, J.D.

The purpose of our probate courts is to provide for the peaceful resolution of disputes and to protect those who are vulnerable in the process of determining who manages and inherits assets after someone dies. Whenever possible, the courts prefer that families work together to address problems since such solutions are far more likely to be effective than an order imposed by a judge. “Family Settlement Agreements” are therefore respected and enforced, if the need arises. Such agreements must be in writing and signed by all the parties affected.

Within probate, there are several common issues that families choose to resolve within a written Family Settlement Agreement. For example, a Will may disinherit or exclude a particular family member. To avoid a Will contest or simply to keep peace within the family, all members included in and excluded from the Will may agree to include all siblings, stepchildren or grandchildren as fits their particular family’s dynamics. A handwritten Will may fail to name an executor. In such cases, all the distributees of the Will can agree who should be the executor and whether they should serve with or without bond. A Will may gift an asset that is impractical for those who inherit, such as joint ownership of a home. The persons inheriting can agree to sell the home or allow one of the joint owners to buy out the others, an outcome that is much preferred to figuring out how to pay for taxes or repairs, or manage occupancy/use fairly.

In previous decades when estate taxes affected middle class families, trusts were often created to minimize those taxes. Currently the estate tax is over $13 million for an individual and $26 million for a married couple. Therefore, for the vast majority of Texans, the expense, hassle and bureaucracy of maintaining a trust has no corresponding benefit. Accordingly, many families agree to defund or terminate a trust to simplify inheritance and protect property tax exemptions.

If you have questions about family settlement agreements, you should consult with an attorney experienced in probate and estate planning.

05/16/2025

Holographic Wills
by Carrie Campbell, J.D.

Texas accepts holographic (handwritten) Wills into probate. Not all states allow holographic Wills, so it is important to note that the following information applies only in Texas. There are several reasons that a properly prepared and executed Will is preferred over a handwritten Will, but it is much better to have a holographic Will than no Will.

To be valid, a holographic Will must be solely in the person’s handwriting. It cannot be typed or contain markings or writings of other people. Therefore, it should not be witnessed or notarized. It is best that the holographic Will contain the date, who inherits, who should serve as independent executor, whether a bond is required, and a signature. If done properly, the document will serve to name heirs and lessen the probate procedures as compared to a dependent administration wherein the court must determine who inherits.

For a holographic Will to be admitted into probate, it will be necessary for two witnesses that are not heirs to appear at a hearing to testify that (1) the handwriting is that of the deceased, and (2) that the deceased was in his or her right mind at the time the Will was written. This requirement can sometimes be difficult to meet if the deceased had outlived many of their family or friends who would have knowledge of that information. Another drawback to a holographic Will is that it lacks additional information traditionally covered in a Will drafted by an experienced attorney. Such coverage would address several contingencies, including: the listing of alternate heirs and executors, survivorship clauses, spend-thrift precautions, as well as provisions for future generations that could possibly inherit. Gifts to children or grandchildren must be carefully written to avoid the gifts being held by the court registry until the heirs reach adulthood. Therefore, if you have the ability to do so, consider estate planning that includes a proper Last Will and Testament. In the meantime, a holographic Will can temporarily cover the gap.

Address

303 Mesa Drive
Wimberley, TX
78676

Opening Hours

Tuesday 8am - 3pm
Wednesday 8am - 3pm
Thursday 8am - 3pm
Friday 8am - 3pm

Telephone

+15128471308

Website

Alerts

Be the first to know and let us send you an email when Mounger and Campbell posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to Mounger and Campbell:

Shortcuts

Share

Category