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  • Answers to Common Questions about Wills and Probate

    Answers to Common Questions about Wills and Probate Wills and probate are important aspects of the legal process involved in wrapping up a deceased person’s estate. Because going through and untangling an estate can be confusing, it helps to retain a probate lawyer near The Woodlands to walk you through the process. Having a probate lawyer handle the case can help you avoid unnecessary delays and minimize conflict. These answers to common questions about probate will help you understand what to expect.

    How Do I Know If Probate Is Necessary?
    Not all estates are required to go through probate. For instance, community property can transfer to a surviving spouse and life insurance proceeds can be paid to the specified beneficiary without probate in Texas. Small estates, in which there is no will and the value of the estate is less than $50,000, can often skip probate court, so long the beneficiaries agree on the distribution of property and sign an affidavit to that effect. Even if you believe you do not need probate court, it is still advisable to have a probate lawyer review your case to ensure the estate is being handled appropriately.

    What Are the Different Types of Probate?
    The most common type of probate in Texas involves the “independent administration” of the estate. During this type of probate, an executor who is either named in the will (or unanimously nominated by all beneficiaries) supervises the process of handling the affairs of the estate. Once approved as an independent administrator by the Court, he or she can act independently to pay outstanding debts, sell property attached to the estate, and distribute assets to beneficiaries without obtaining court approval for each step. The second kind of probate is the often maligned “dependent administration.” It is less common because it requires the court to become more involved in the probate process by approving actions by the executor each step of the way.

    What Role Does the Will Play In The Probate Process?
    An uncontested will can make probate simple if it properly provides direction for estate administration including authorizing an independent administration. If there is no will, or if the authenticity of the will is challenged, or whenever the beneficiaries dispute the terms of the will, then a probate lawyer can provide both legal direction as well as representation in probate court.

  • Understanding Probate Litigation

    Probate is the process of settling a deceased person’s will and requires the services of a probate lawyer in the Woodlands. A probate lawyer can ensure the process is as smooth and efficient as possible, even in the event that a will is contested.

    Probate litigation involves resolving a will contest. A probate lawyer may authenticate a will if a person believes that it was improperly drafted or was created under suspicious circumstances. A lawyer is also necessary where the heirs are disputing the terms of a loved one’s will and need protection of their legal rights and claims to property or possessions. A probate lawyer can also help determine the rightful heirs in the absence of a will. If someone passes away without drafting a will, your attorney will appear in probate court to assisting in determining what your proper entitlement is under law. Of course, the best way to avoid probate litigation is to hire a will lawyer to draft a will while you can still make your wishes known.

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  • Instances When Probate Litigation May Be Required

    After a death, matters pertaining to the decedent’s debts and assets are resolved through the probate process. In many cases, probate is straightforward and is easily settled. However, sometimes probate litigation may be necessary to resolve claims. It’s always a good idea to retain the services of a lawyer when dealing with probate court in Conroe, TX. A probate lawyer can help you in the event that probate litigation is needed, such as if you believe it necessary to authenticate a will. Your lawyer might contest a will if you believe that the document was not drafted properly or the signature may not be valid.

    It’s not uncommon for the terms of a decedent’s will to become a source of disagreement among the heirs. You’ll need the services of a skilled probate attorney in the event that you need to dispute the will or if another heir has disputed the will. Another reason why probate litigation may be necessary is if a loved one dies intestate (without a last will and testament). In these cases, an attorney can facilitate the process of determining the rightful heirs.

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  • Probate in Texas: Understanding the Process

    Probate is the process of recognizing a death and validating a will for the purpose of administering the decedent’s estate. A decedent’s estate will go through probate regardless of whether an individual had a legal will or died intestate (without a will). After a loved one passes, hiring a probate lawyer can be immensely helpful. A probate attorney in The Woodlands can ensure that the requirements of the Texas Probate Code are met and that probate proceeds as efficiently as possible. The lawyer can also help the family understand what to expect from each step of the probate process. probate lawyer in the woodlands, tx

    Waiting Period
    The first step your lawyer will take in most probate cases is to file the application and the original of the will at the courthouse. Then, there is a mandatory waiting period, which begins once the application is filed.

    Probate Hearing
    After the waiting period, the court may schedule a probate hearing or your attorney may schedule it. Probate hearings are usually held in the courtroom, however, sometimes they take place in the judge’s office. At the probate hearing, the judge will recognize the death of the decedent, determine that the court has jurisdiction, determine that the executor is qualified, and recognize the validity of the will . The lawyer states certain facts about the decedent to a witness, who is then required to confirm the truth of the facts. Thereafter, the judge may issue an order that admits the will to probate.

    Estate Administration
    After the probate hearing, the executor begins administering the estate. He or she must sign an Oath, which is a legal document verifying the executor’s intent to fulfill all necessary duties required by law and the will. Next, the executor usually orders Letters Testamentary. These “Letters” provide the executor with the authority necessary to administer the estate, such as the power to close bank accounts and sell property. The executor must also publicize information about the estate to potential creditors, provide each beneficiary with a copy of the will, and file various documents with the court. These documents typically include an inventory of probate assets, the decedent’s final income tax return, and a document that confirms the publication of notice to the creditors. Finally, the executor will resolve debts and distribute assets.

  • Worms Escaping The Can – The Gay Marriage Ruling and Probate

    The Supreme Court’s recent Obergefell ruling stated that two individuals of the same sex have a constitutional right to marry, and that ruling calls forth some interesting questions. For example, in law school we learned that, when the Supreme Court decides for the first time that a person has a constitutional right to engage in some activity, that right is a right which has always existed, and the Court is only then annoucing its intention to safeguard it.

    If this is indeed so, then there are many states, including Texas, which have not previously recognized same sex marriage. This is important because, in those states, when a partner in a same sex relationship dies, the surviving partner, absent a will, does not inherit anything of the estate of his or her deceased partner. In such cases, it is the children of the deceased partner who generally inherit the estate.

    Now, however, we find out that those individuals who did not have the ability to get married because such was not recognized by their state (or previously were married in a foreign state that did recognize same sex marriage), they should have been allowed to inherit the estate as a surviving spouse.

    I wonder how many cases will need to be reopened to redirect inheritances towards spouses of gay decedents from that decedent’s children to the unconstitutionally-denied spouse? Litigation aplenty is in store.

  • When Does Probate Take Place?

    When an individual dies, the probate process begins after the executor files the necessary application in probate court. Sometimes, the surviving family members will hire a lawyer to represent them in the probate court in The Woodlands. The executor then proves the validity of the will before the Court. In such cases, it usually takes only a few months to complete the probate process. However, some cases may take longer, particularly if a probate attorney disputes the authenticity of the will or disputes one or more terms of the will.

    You can hear more about the probate process by watching this video or consulting your lawyer. This expert explains why probate is necessary and discusses the role of the executor. He also explains which types of assets do not need to go through the probate process.

  • A Look at the Documents You Need for Estate Planning

    Estate planning involves the creation of many different documents for avoiding probate in The Woodlands , including living trusts, advanced directives, and powers of attorney. A living trust may be beneficial for managing your assets following death. However, a will may be preferable because it is both simple to create and works well with your power of attorney.

    In this video, a will attorney outlines what documents you need for creating a trust and which documents you need for creating a will. As he explains, you need financial powers of attorney to allow someone to manage you assets if you become incapacitated. To obtain powers of attorney, you also need to provide your lawyer with medical directives and a HIPAA release. This allows you to list everyone you want to be able to talk to the doctors in the event you become incapacitated.

  • Why You Should Hire a Lawyer to Write Your Will

    A number of people take a do-it-yourself approach to creating a will and assume they don’t need to consult with a will lawyer in The Woodlands . However, each state has very specific requirements for drafting a will, which must be followed in order for the will to be legally valid. If you do not know what these requirements are, how do you know that you’ve complied with them? Meeting with a will lawyer can help someone ensure transfer of assets, guardianship of children, and other estate decisions are handled properly. will attorney the woodlands

    Meet state requirements
    Perhaps the biggest reason to hire a professional when drafting a will is to make sure that your will meets Texas’s unique will-drafting requirements. Some lawyers even offer free consultations for the purpose of discussing wills and trusts. If you don’t meet your state’s requirements in drafting a will, then you may lose the opportunity to make decisions regarding the division of your estate and guardianship of your children. Without a proper will upon death, state statutes will dictate the division of your assets between your spouse and children. On the other hand, a will attorney can help you ensure certain assets are given to specific loved ones. Additionally, consulting with an attorney allows you to make an educated choice in determining who will be responsible for your children after your death.

    Lessen family disputes
    Self-created wills can be easy to change and update. Unfortunately, this means that overzealous relatives can take advantage of an elderly family member and convince him or her to alter the will in a particular favor. A will lawyer makes sure that clients have the capacity to write and change their wills, which reduces the likelihood of bitter family disputes and lengthy court battles.

    Reduce expensive court costs
    Drafting a will on your own and failing to do so properly opens your family up to painful legal battles after your death. This means that while do-it-yourself will drafting may be cheaper initially, it also could end up costing your family thousands in subsequent court fees and legal battles. Ensuring your will is drafted properly can also help ensure your family won’t be fighting over property or guardianship issues after you die.

  • What Is the Role of an Executor In Probate?

    To ensure that your family is adequately protected after your passing, it’s important that you speak with a probate law attorney. As you and your lawyer discuss your will , you will need to decide who to name as your executor; that individual whom you trust to carry out the terms of your will. The Woodlands probate law attorney, Andrew J. Bolton, will gladly discuss the role of executors in further detail.

    In short, after a person dies, an executor must organize and wrap up the deceased’s affairs. This involves settling debts, preserving property, distributing inheritance, and taking care of various legal matters. An executor need not necessarily have to be a financial or legal expert, but can be a trusted family member. If you have a will, the executor’s primary job will be to follow the directions laid out in your will. If an individual does not name an executor before passing away, the court will appoint one.

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  • Breaking Down Myths About Wills

    Putting together a will is one of the most important things you can do for your family members. A clear will can make your wishes known–and enforceable–in the event of your death. This reduces the likelihood of a lengthy legal struggle among your heirs. Andrew J. Bolton, Esq. , a probate law attorney in The Woodlands, can help you organize your will and ensure that your loved ones are taken care of after you’re gone. Before you start work on your will, it’s important you understand the truth behind a few persistent myths. probate process the woodlands

    Wills take years to get settled
    You’ve likely seen stories in the news about long, costly legal battles over inheritances. Though some large and complex estates may take years before they’re fully settled, this is far from the norm. Most of the time, it only takes a few months for inheritances to be distributed. The clearer the will, the more quickly the probate process will go.

    The probate process is costly
    After a person dies, property in his or her name must go through the probate process before the property can be transferred to a beneficiary. Some individuals dread the probate process because they think court and legal fees will take up a large portion of the estate. However, court fees and lawyer’s fees often add up to less than a few thousand dollars.

    The state gets the money if no will is in place
    Perhaps the most common misconception is that the state automatically owns the property of a person if he or she dies with no valid will in effect. In fact, there are several legal contingencies that exist for just such an event. Depending on the family configuration, the money may go to the deceased’s spouse, children, or parents. That having been said, the deceased’s assets actually do go to the state where there are no family members to be found.