Probate refers to the process where a court approves a will, often appoints an executor, and oversees the administration of a deceased person’s estate.

Probate property refers to property that was titled in the name of the deceased person and did not have a beneficiary otherwise designated during the lifetime of the Decedent. A probate proceeding takes place in the county where the deceased person resided, where the deceased person owned property, or where the Decedent died. You will need to hire an attorney who practices in one of these counties.

Probate is the process by which a Judge examines the document that is presented as being a “Will” to confirm that it is a legitimate, unaltered, original document that meets the requirements of the Texas Estates Code to be confirmed as a Will. 

Unfortunately, with many online programs and homemade documents, the court often finds that the document filed for probate is not a valid will and cannot be honored.  Banks, Title Companies, and Financial Institutions will typically require that Wills be filed for Probate and approved by the court before they will disburse assets or rely upon the provisions of a will. 

The Probate process also allows for the Judge to appoint and provide written authority to the Executor named in the will.  Our attorneys will ensure that you have valid legal documents that will be honored in the future and can help you navigate the Probate process if needed.  We strive to make legal documents and processes easy and understandable.

If the holder of a Life Insurance Policy or Retirement Account has named a beneficiary for the account, this beneficiary designation will take precedence over any Last Will and Testament that the holder may have.   Unless the named beneficiary “fails” due to dying before the holder, then typically these assets will not be subject to Probate.

We attempt to make things move forward as efficiently and quickly as possible, although there are unforeseen circumstances in certain cases.  Meeting with one of our attorneys can provide you with a more accurate timeline for your specific case.

Our attorneys strive to assess your case and provide accurate flat fee pricing from the beginning. While we cannot provide the exact cost before we review your legal documents and the types of assets that need to be transferred, the costs will be assessed for you during a consultation with one of our attorneys.

A living trust is a trust created during a person’s lifetime. Assets retitled to the name of the trust and held in a living trust do not require probate when an individual dies. When the person who created the trust (referred to as the “trustor” or “settlor” of the trust) dies, the assets in the trust are distributed to the persons named, and in the manner specified, by the trust. The person or entity named in the trust as the successor trustee oversees the administration of the trust after the trustor or settlor dies.

Living trusts offer other advantages beside probate avoidance; they provide a plan for the incapacity of the trustor and offer certain tax advantages for the beneficiary.

We understand that every client situation is unique, and we invest the time to get to know you, including your goals and planning objectives. Our firm takes the time to fully explain your planning options in clear and understandable terms. 

Unfortunately, in Texas, unless you have drafted a specialized deed with rights of survivorship or some other transfer on death designation, the simple fact that a husband and wife are both listed as Grantees on a deed, does not allow for the surviving spouse to simply own the home.  Typically, a probate process will be required (whether using the deceased spouse’s will, or the laws of intestate succession if the spouse dies without a will) to transfer the deceased spouse’s interest to his / her beneficiaries or heirs at law.  Our attorneys will discuss with you your wishes pertaining to your home and help you to choose the best document to accomplish your goals. 

A power of attorney, which is effective only during your lifetime (and which ends upon death), is essentially a “permission slip” for someone whom you trust to act on your behalf when needed, whether in medical situations (Medical Power of Attorney) or in business and financial affairs (Statutory Durable Power of Attorney).

A Last Will and Testament is only effective upon death, and thus cannot be used during your lifetime to grant authority to an agent. Our attorneys will assist you in determining how to craft Powers of Attorney that meet your needs and protect you and your family in the event you become incapacitated. 

In order for a stepparent to be able to adopt a stepchild, the rights of the non-custodial biological parent need to be terminated.  A biological parent’s rights are automatically terminated upon death, or a court can terminate them voluntarily or involuntarily.  After the termination of the non-custodial biological parent’s rights, a Petition for Adoption can be filed in the county where the Petitioners reside.  Details on your specific stepparent adoption can be discussed in a consultation with one of our attorneys.

While you may have heard that adoption is extremely expensive, the primary expense in most adoptions are the fees charged by adoption agencies.  These fees are typically for locating a child available for adoption, and for the medical, psychological and living expenses for the biological mother.  As Texas allows for “independent adoption”, the use of an adoption agency is not mandatory.  Person to person or family to family adoptions can occur.  These adoptions are significantly less expensive.  We are happy to consult with you about your options and to help you find the most cost-effective option for your family.

These types of deeds, which we recommend be drafted by an attorney, typically allow for the transfer of a piece of real estate upon the death of the Grantor, without the need for a Probate of the Grantor’s estate.  In some cases, these types of deeds can also help the Grantor and his or her beneficiaries avoid Medicaid Estate Recovery claims after the death of the Grantor. 

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Unless the owner’s have executed a special deed which has a Right of Survivorship or a Transfer on Death designation, a Probate process of some type is typically required in order to remove a Deceased person’s name from the deed to real property.   Our attorneys can advise you of the steps necessary to properly remove the Deceased’s name and confirm that the home is properly titled.

In order to add an owner to your property, a new deed is typically required.  We recommend consulting with one of our attorneys before proceeding with such a critical and important transfer.  Clients want to make sure possible issues and ramifications are discussed and to confirm the outcome of adding your family member or spouse to a deed aligns with their expectations.

Texas only requires liability insurance.  The following are the minimum required limits:

• Bodily injury: $30,000 per person and $60,000 per accident
• Property damage: $25,000 per accident 

  This basic coverage is called 30/60/25

Most claims to recover from death or injury do not require a lawsuit, but are simply claims made against the responsible party’s insurance policy.  Our attorneys can review your claim for the loss of your loved one and determine the best way for you to proceed.