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.

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