Probate Lawyers in Texas

Providing Skilled Legal Guidance for Probate Matters

A probate lawyer, also known as an estate lawyer, plays a crucial role in the legal process that occurs after a person’s death. This process, known as probate, involves validating the deceased’s last will, identifying and inventorying their assets, paying off any debts or taxes, and distributing the remaining assets to the beneficiaries as outlined in the will. In Texas, probate laws can be complex and challenging to navigate without professional assistance. An experienced probate lawyer can handle probate administration proceedings, ensuring that all legal requirements are met and that the deceased’s wishes are honored, or they can help you avoid probate altogether if your estate qualifies. Contact us today at 512-546-6997.

Understanding Probate Laws in Texas

Texas probate laws are unique in several ways. For instance, Texas allows for independent administration of estates, which means the executor can carry out their duties without court supervision. This can significantly speed up the probate process, reduce costs, and possibly avoid litigation. However, this is only possible if the will specifically allows for it, or if all beneficiaries agree to it and do not contest distributing assets in this way. Another unique aspect of Texas probate law is the allowance for a simplified probate process for small estates. If the decedent possessed an estate worth less than $75,000, not including the value of their homestead, the estate may qualify for a simplified probate process, which can save time and money.

What If the Deceased Did Not Leave a Will?

If the deceased did not leave a will, their estate will be distributed according to Texas intestacy laws. These laws dictate who inherits the estate in the absence of a will, typically starting with the deceased’s spouse and children, and then moving to other relatives if necessary. A probate lawyer can help you understand these laws and how they apply to your situation. They can also assist in identifying heirs, determining their rightful share of the estate, and ensuring that the estate is distributed correctly.

What If There Are Debts or Taxes Owed by the Estate?

If the deceased left behind debts or taxes, these must be paid from the estate before any assets can be distributed to the beneficiaries. This can be a complex process, as it may involve dealing with creditors, filing tax returns, and possibly selling assets to cover the debts. A probate lawyer can assist in managing these obligations. They can help identify all debts and taxes owed, communicate with creditors, prepare and file necessary tax returns, and advise on the best way to settle these debts. If the estate does not have enough assets to cover the debts, the lawyer can provide guidance on how to proceed.

Creditors have a specific period of time during which they can make a claim against the estate for any debts owed. In Texas, this period is generally four months from the date the executor is appointed. A probate lawyer can ensure that all creditors are properly notified and that all legitimate claims are paid in the correct order as prescribed by law. For example, suppose the deceased had significant credit card debt. In this case, a probate lawyer can negotiate with the credit card companies to settle the debt, potentially reducing the amount that needs to be paid.

The executor of the estate is responsible for filing the deceased’s final income tax return, as well as any necessary estate tax returns. This can be a complex task, especially if the deceased had significant assets or complex financial affairs. A probate lawyer can help prepare and file these returns, ensuring that all tax obligations are met and avoiding potential penalties.

What If I Suspect Fraud or Undue Influence in the Will?

If you suspect that the will of the deceased was influenced by fraud or undue influence, seek legal help immediately. A probate lawyer can help you understand your rights and the legal options available to you. They can also represent you in court if necessary.

Fraud or undue influence in the creation of a will can take many forms. For instance, a person might be coerced into changing their will under threat, or they might be deceived into signing a document they don’t understand. In some cases, a person with access to the testator might manipulate them into leaving a larger portion of their estate to them. A probate lawyer can help identify signs of fraud or undue influence. They can review the circumstances surrounding the creation of the will, looking for any suspicious activity or inconsistencies. They can also interview witnesses and gather evidence to support your case. For example, suppose the deceased was elderly and relied heavily on a particular caregiver. If that caregiver suddenly becomes a significant beneficiary in the will, it might raise suspicions of undue influence. A probate lawyer can investigate the situation and help you take appropriate legal action if necessary.

What If the Estate Includes Real Estate Properties?

If the estate includes real estate properties, the probate process can become more complex. These properties may need to be appraised, managed, or even sold to pay off debts or distribute assets to the beneficiaries. A probate lawyer can assist in handling these tasks.

Managing Real Estate Properties

If the deceased owned rental properties, these may need to be managed during the probate process. This can involve collecting rent, maintaining the property, and dealing with tenants. A probate lawyer can help manage these tasks or can assist in hiring a property manager. For example, suppose the deceased owned several rental properties. In this case, a probate lawyer can help ensure that rent is collected on time, that the properties are maintained properly, and that any issues with tenants are resolved appropriately.

Selling Real Estate Properties

In some cases, it may be necessary to sell real estate properties to pay off the deceased’s debts or to distribute assets to the beneficiaries. A probate attorney can assist in this process, which can involve getting the property appraised, preparing it for sale, and handling the closing process. For instance, if the deceased’s will stipulates that their home should be sold and the proceeds divided among their children, a probate lawyer can help arrange for an appraisal, list the property for sale, and ensure that the proceeds are distributed correctly.

Challenging a Will

If you believe you have grounds to challenge a will due to fraud or undue influence, a probate lawyer can guide you through the process. This typically involves filing a lawsuit in probate court, presenting evidence to support your claim, and potentially going to trial. It’s important to note that challenging a will can be a complex and contentious process. It can also be time-sensitive, as there are legal deadlines for filing such a claim. Therefore, it’s crucial to seek legal advice as soon as possible if you suspect fraud or undue influence.

How Can a Probate Lawyer Assist Me in Managing an Estate?

A probate lawyer can provide invaluable assistance in managing an estate. They can help you understand the probate process, beneficiary designations, the responsibilities of an executor, and the rights of the beneficiaries, as well as the status of any creditor claims. They can also assist in preparing and filing necessary documents, resolving any disputes that may arise, and ensuring that the estate is distributed according to the deceased’s wishes.

Estate Planning

Estate planning can include drafting a will, setting up trusts, establishing a power of attorney, and more. By planning your estate effectively, you can ensure that your assets are distributed according to your wishes and potentially minimize probate costs and taxes. For example, if you have a large estate, a probate lawyer might recommend setting up a living trust. This allows you to transfer your assets into the trust during your lifetime, and then these assets can be distributed to your beneficiaries upon your death without going through probate. This can save time and money, and provide privacy, as trust distributions are not a matter of public record like probate proceedings.

Beneficiaries

If you are a beneficiary of an estate, a probate lawyer can help protect your rights and ensure you receive your rightful inheritance. They can explain the probate process to you, answer any questions you may have, and represent your interests in any disputes that may arise. For example, if you believe the executor is not fulfilling their duties properly, or if you have concerns about the validity of the will, a probate lawyer can provide advice and take necessary legal action on your behalf.

Whether you are dealing with the probate process, managing an estate, or planning your own estate, Mike Massey Law can provide invaluable assistance. We can guide you through the complexities of Texas probate law, protect your rights, and help ensure that your wishes or those of your loved one are honored. If you are facing any of these challenges, call us today at 512-546-6997.