Probate

 - Ancillary Probate

 - Probate Litigation

MISCONCEPTIONS OF PROBATE

Avoid probate at all costs it is too expensive!  Not true in Texas.  Probate is very streamlined if someone dies with a valid Last Will and Testament.  Probate can be completed within thirty (30) days from the date the Application is filed with the clerk’s office.  It requires only one court appearance, which lasts less than fifteen (15) minutes.

The attorney fees for probate are a percentage of the total estate!  Again, not true.  In Texas, an attorney cannot charge a percentage of the total estate as their fee.  Whether an individual dies with ten thousand dollars or ten million dollars, the cost for probate will be the same. 

I should have a living trust so my estate does not have to go through probate when I die!  There are many companies out there that market themselves as being experts in the preparation of Estate Planning documents.  Be wary if the individual you are working with is not an attorney.  These companies are in the business of charging a large fee to prepare Trusts for you.  It has been our experience over and over again that these Trusts create more problems down the road.  So not only are you out a substantial amount of money to have the documents prepared, but now you have to retain an attorney to try and unravel the mess that has been made of your assets. 

I can always go to the store and pick up a Will kit and do it myself!  These will kits do not meet all of the requirements of a properly executed Will that disposes of all of your property in Texas.  Although well meaning, they generally comply with the laws in the State where the company is located.  What this generally means is the probate will take a longer amount of time and more money to complete and your Personal Representative will have to jump through additional hoops to ensure your property is distributed as you would have wanted it.  There are even times when your property may not be distributed as you wanted because the Will did not have the proper provisions.

The bottom line is in the end it will be less expensive and less time consuming if you seek the advice of an attorney that practices probate and estate planning to understand all of your needs and to ensure that your assets are protected and distributed per your instructions.    

PROBATE VS. NONPROBATE ASSETS

Nonprobate assets are those assets that pass upon death to a beneficiary named on the actual instrument.  A nonprobate asset does not pass under the terms of a Will.  An example of nonprobate assets include, but are not limited to, life insurance policies, 401(k)’s and IRA’s, just to name a few.  In addition, any account set up as a right of survivorship or pay on death passes directly to the named individual on the account and not under the terms of the Will.

Probate assets are those assets that have no beneficiary designation and will pass under the terms of the Will.

PROBATE OF A WILL

Inheritance is a privilege, not a right.  In our probate practice we assist in the administration of an estate to ensure that all of the property is disposed of properly according to Texas probate law and the terms of the Will. 

In order for a Will to have legal effect and for all property to pass under the terms of the Will, it must be probated through the Probate Court.  A Will must be probated within four (4) years from date of death.  A Will must be filed in the county where the Deceased lived or where his/her principal estate was located. 

PROBATE WITHOUT A WILL

If a person dies without leaving a Will, their estate must still be administered through the Probate Courts to have legal effect.  This ensures that all property is disposed of properly and according to the intestacy laws in Texas.  The laws in Texas only apply to property located in Texas.  Other procedures must be followed is property is located in another State.

Ancillary Probate

If an individual dies owning any property in the State of Texas, including real estate, bank accounts, lawsuits, etc, but lived outside of the State of Texas, we assist the family members to ensure that their property in the State of Texas is properly administered and delivered to the proper heirs.

Probate Litigation

Our firm offers our expertise and experience in handling any and all probate, estate and trust litigation.  These litigation matters include will and trust contests, removal proceedings of executors, administrators and trustees, breach of fiduciary duty cases as well as any other types of litigation that are in any way associated with probate, estates or trust administration.  We also handle litigation matters as it relates to guardianship contests, removal of a guardian or restoration of a Ward’s capacity.

We meet with each client to ascertain and collect all of the necessary documentation.  Once we have had an opportunity to review all materials we will discuss all options with our clients.  We will advise our clients whether we feel the case is worth pursuing or whether they are "chasing good money after bad," which means are they going to spend more money in attorney fees than what they would receive after the case is resolved.

We discuss our strategy with our clients and value his or her input.  Each case strategy may be different due to the facts or circumstances of the individuals which are important.  We will devise a complete game plan and be prepared to adjust accordingly. We keep our clients informed every step of the way.

Should you need immediate assistance with your legal matter, please call us at (214) 559-7202, (866) 559-7202, or e-mail us.