Probate Law -

Duties of a Trustee

Is It Possible To Be A Trustee And Executor Simultaneously? Yes, it is possible for one to serve as both estate executor and trustee simultaneously, and this is commonly done in estate planning, but the individual who is appointed must meet all the legal requirements that are specified for an executor and also for a…

What are My Options for Avoiding Probate?

The best way to avoid probate is to have an estate plan that takes your property out of your probate estate, such as accounts with right of survivorship, transfer on death deeds, Lady Bird deeds, and trusts. Can Probate Ever Be a Better Option Than a Living Trust? Probate is not better than a trust.…

What is Your Experience in Handling Probate Matters?

We have handled various types of probate proceedings including applications to probate wills, applications to determine heirship, as well as administration of estates for which there was no will. We also handle litigation in probate such as will contests. Who Do You Represent in These Cases? We have represented various “sides” of probate matters. Usually,…

What is Probate Litigation?

Probate litigation occurs when there is a dispute about who should be in charge of an estate or how distributions are made. Probate court is also where you file for guardianship. Guardianship often generates litigation because people will fight over who has control of the ward’s money. What is the “Will Contest?” A will contest…

Want Some Free Money? Check Out the State of Texas Unclaimed Property Program Website.

At a recent estate planning seminar, we had a speaker from the Texas Comptroller’s Office on the State of Texas Unclaimed Property Program. The speaker told our room of approximately 300 attorneys that at least half of us would find unclaimed property under our name. We doubted it, but we all got on online and…well…

A Will is a Ticket to Probate

Some people think that if they have a will, their beneficiaries simply inherit under that will without any court intervention. However, a will is only a piece of paper that has no effect whatsoever until a judge in a probate court declares it to be a valid and enforceable will. Then, the person named as…

Adopted Children Can Inherit from Biological Parents

In Texas, the government has rules about who will inherit if a person dies without a will. Dying without a will means that the person died “intestate.” We have talked about how the rules on intestate succession favor the children of a deceased spouse if they are not the children of the surviving spouse. Here…