Our Specialties

Real Estate

Estate Planning
​& Probate​

Business
(now discontinued)
The Stroup Law Firm limits its practice to two main areas:  real estate, and estate planning and probate.  We no longer handle business matters.  We do not handle any litigation, or any adversarial matter that might lead to litigation.  If a matter we are handling evolves into litigation, that matter is referred to a litigation specialist.  We also do not handle bankruptcy matters.
Please see below for more information.

Real Estate
Real estate law is a broad and varied field.  Our practice consists mainly of representing sellers or purchasers in commercial real estate transactions, lenders in commercial or residential transactions and foreclosures.  ​ In addition, the Stroup Law Firm is a Fee Attorney for Alamo Title Company, closing all types of real estate transactions. We also serve businesses and individuals who have other title transfer needs.  Real estate conveyances are often an important part of estate planning and the administration of estates.

Estate Planning
Everyone should have a last will and testament.  More importantly in most situations is the fact that everyone also needs a power of attorney.  If you have minor children, a trust is almost mandatory in order to avoid a potential guardianship.  Proper estate planning, even for those with the most meager of possessions, can save your heirs or beneficiaries much time, money, and heartache.  We recommend everyone have a will, statutory durable power of attorney, medical power of attorney, HIPAA authorization, and directive to physicians (living will).  In addition, a declaration of guardian and an out of hospital do not resuscitate order may be desired.  For those with substantial assets, proper estate tax planning can save thousands of dollars in estate taxes.
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A Transfer On Death Deed (TODD) is often used where the only reason an individual may have to have their will probated is the ownership of real property, usually a residence.  Under a TODD, upon the death of the owner, real property passes directly to the beneficiary named therein instead of passing through the owner’s estate.  The Todd must be executed and recorded before death, and allows the owner to sell the property or revoke the TODD before death.
 
Proper estate planning will result in a much easier and inexpensive probate process, or no required probate at all.
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Probate
Probate is the judicial process of administering the estate of a deceased person, i.e. collecting all assets, paying all debts, and distributing the remaining assets to those entitled thereto.  Properly used, Texas has the easiest probate system in the United States.
 
Independent administration of estates is the most common method of probate.  Independent administration must be provided for in a last will and testament or later agreed upon by all beneficiaries or heirs.  In an independent administration, the personal representative of the estate for the most part operates free, or independent, of court supervision or control.
 
Dependent administration is the exact opposite of an independent administration.  The probate court has total control of the estate, requiring the personal representative to obtain court approval for almost any action.  The cost of a dependent administration can easily exceed ten times that of an independent administration.  Dependent administrations usually occur (a) when someone dies without a last will and testament and not all heirs agree on having an independent administration, (b) when a person leaves a last will and testament but fails to properly provide for an independent administration and not all beneficiaries agree on having an independent administration (often on the case of a self-made will or an out of state will), or (c) when a last will and testament does not provide for a successor personal representative to administer the estate independently.  Dependent administrations are usually to be avoided at all cost.
 
In certain cases a last will and testament can be probated as a muniment (or record) of title only.  In this special type of probate, the court must find either that there is no necessity for a full administration of the estate and that there are no debts of the estate except possibly debts which are secured by liens on real estate.  No personal representative of the estate is appointed, and therefore no letters testamentary or letters of administration are issued.  As a result, this type of probate is not recommended when there are assets of an estate which must be transferred through the use of a third party transfer agent.  Most third party transfer agents are unfamiliar with the muniment of title concept and will not rely on same to transfer title to the involved asset.
 
In rare instances when a person has died without a last will and testament, an estate can be administered without any court proceedings whatsoever.  There must be a surviving spouse, and the estate must have consisted of community property.  Proper legal advice is recommended before proceeding as what is known as a community survivor.
 
A small estate affidavit is also available where the total value of an estate, exclusive of any homestead and exempt property, is under $75,000.00.  The deceased must have died without a last will and testament.  This method does not affect title to real estate unless the only real estate owned by the deceased was his or her homestead.  Most title companies will not rely upon this method in insuring title to real estate no matter the situation.
 
An affidavit of heirship is a common method used to evidence passage of title to real estate.   When a person dies without a last will and testament, or when the last will and testament of a deceased is not to be probated, title to the deceased’s assets passes pursuant to certain provisions of the Texas Estates Code. An affidavit of heirship can be executed stating facts sufficient to enable the reader to determine, along with the pertinent provisions of the Texas Estates Code, who are the heirs at law of the deceased.  Title companies have historically relied upon these affidavits to insure title to real estate, but have begun to place restrictions on their use as claims from undisclosed heirs have increased.  A proper affidavit should state only facts of family history sufficient to allow a determination of heirship, and should be executed preferably by two disinterested persons who personally knew the deceased for all of the deceased’s adult life.  As with muniment of title probate proceedings, use of an affidavit of heirship is not recommended when exist estate assets exist which must be transferred through a third party transfer agent.  Most third party transfer agents are unfamiliar with affidavits of heirship and will not rely on one to transfer title to the involved asset.
 
A court determination of heirship proceeding is available if a third party transfer agent or title company will not rely on an affidavit of heirship for someone who died without a will.  Texas law requires the probate court to appoint a disinterested lawyer (attorney ad litem) to represent the interests of any unknown or undisclosed heirs).  The ad litem will investigate the existence of heirs and report to the probate court.  A court determination will then be made as to the true heirs of the deceased and a court order issued accordingly—which will then be relied upon by third parties.
 
A smooth and easy probate depends on a proper estate plan.

Business

Due to the complicated reporting requirements of the federal Corporate Transparency Act, and the severe penalties (civil and criminal) for failure to comply, the Stroup Law Firm has ceased forming or representing all business entities covered by the act.
© 2010-24 Robert C. Stroup, Attorney at Law
​2501 Parkview Drive, Suite 210, Fort Worth, Texas 76102