I am a recent permanent resident in Texas and just prior to moving here, bought a property in California. I would like to have a will drawn in Houston for this property. Is this possible or can it be done only by an attorney in California?
Thank you in advance for your advice.
I switched your topic to wills so you can get the appropriate responses.
Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX
Wills and Living Wills Lawyer
You can, however, it may create a problem. For example, Wills in California must be self-proving. Since you own real property in California and if the value of the property is over $150,000 you may wish to consider a Revocable Inter Vivos Trust.
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I agree with Attorney Little. The added benefit in using a Trust is that you can avoid potentially two different probate estates. That will likely save you many multiples over the cost of establishing the trust. A Texas Attorney will be fine for preparing the Trust, but you would likely want to have a California attorney prepare the deed to transfer the CA property into the Trust. This should not be expensive.
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Criminal Defense Attorney
You may have the document created anywhere. Unifrom Probate code will cover California. Make sure that on the schedule for property, it is listed correct;ly as community, separate, or quasi-community property. If you choose the devise the property to one other individual, you may want to put the property description on the deed as tenants in common with right of survivorship to avoid probate fees.