If your loved one has passed away, understanding all the legal processes can be quite difficult for you in this emotionally distressing time. Working with an experienced and skilled probate attorney [IA1] from The Borger Law Firm can make the entire process less stressful and smooth for you. Each state has its own laws and regulations pertaining to probate and estate administration[IA2] . At The Borger Law Firm, our team of attorneys is well-versed when it comes to the Texas court system.
It is a formal legal process that deals with the estate affairs of a deceased person. It includes:
The main purpose of probate is simply wrapping up the final affairs of a deceased person. In other words, probate ensures the legal and orderly transfer of estate assets and property from a decedent to his or her beneficiaries.
While every case is different and influenced by a unique set of circumstances, there are certain steps involved in almost every probate process. They include:
Call us today to learn more about the probate process and its requirements.
In Texas, there are three types of probate:
Independent Administration:[ This method of probate is requested in a will or carried out by consent of all beneficiaries. It does not require the administrator to take the court’s permission for every transaction, as posting a bond is generally enough. Independent administration is the most common type of probate in Texas.
Dependent Administration: This probate requires high level of court supervision, as the administrator is required to get permission to enter in almost every transaction, from selling property to paying off debts.
Muniment of Title: As compared to other states, this form of probate is unique to Texas. No administrator or executor is appointed to distribute estate property, as the will itself transfers the titles to heirs or beneficiaries if certain conditions are met.
Avoiding the probate process is possible by making a comprehensive estate plan. However, sometimes estate documents have vague guidelines, which make it difficult to circumvent the complicated legal process. Fortunately, there are certain alternate methods to probate [IA1] available that beneficiaries can employ to achieve the same results after their loved one’s death. They may include:
Every person has an estate, be it large or small. It includes everything you own, such as your real estate, personal property, checking and saving accounts, vehicles, life insurance, retirement accounts, brokerage accounts, and many others. It helps you plan for what will happen to your assets after you have met the inevitable or become incapacitated, and ensures that you are in complete control of how your estate will be distributed. If you want to draft a set of written instructions to carry out your wishes, our estate planning attorneys [IA1] at The Borger Law Firm can help you make a solid estate plan.
Estate planning is a legal process that involves a person making arrangements for the transfer of their property and assets in anticipation of death. It allows preserving the maximum amount of estate for their beneficiaries and making provisions to make the transfer as smooth as possible. An estate includes all of the property, both personal and real, that a person may want to distribute through an estate plan to their heirs or beneficiaries.
An estate plan may involve one or a combination of tools depending on your specific circumstances. Some common estate planning tools include:
A will is a legal document that helps you dictate where your property and assets will go after you pass away. It allows you to appoint guardians for underage dependants and executors to execute your estate plan.
A trust is a legal entity that enables you to transfer your property and assets into it and designate people for managing it for beneficiaries. Three parties are involved in the making of a trust, i.e. the grantor (the trust maker), the trustee (the manager and executor), and the trust beneficiary (receiving party). There are different types of trusts available, including testamentary trusts, irrevocable trusts, revocable living trusts, special needs trusts, and a few others.
This estate planning document enables you to appoint a trusted person to make financial, legal, healthcare, and other decisions on your behalf if you become incapacitated. You have the power to give limited or complete authority to the trustee. The common types of powers of attorney include:
In some situations, tax considerations play an important role in the estate planning process. Estate and gift taxes are imposed on the estate being transferred either during the lifetime or after death of the person. Working on these taxes is especially crucial in high net-worth estates.
An experienced attorney in Texas can help you with understanding the estate planning process and create the right estate plan for you. The legal services may include:
Whether you need to draft an estate plan or want thorough legal guidance for estate planning, you can count on our team of experienced estate planning attorneys [IA6] to help you with the process.
Contact The Borger Law Firm today at 832-263-2100 or send an inquiry by filling the form below. Our law firm is located in The Woodlands and we serve clients in Montgomery County and all throughout Texas.
Guardianship is a legal relationship, created by a court of law, between a Guardian and an individual who is legally incapacitated, either because of age (minor) or due to the effects of aging, injury or disease that renders them unable to manage their daily affairs
Guardianship being with a Application filed in the County Court or Probate Court in the proper jurisdiction. The ensuing legal process ensures that: 1.) the proposed ward is incapacitated; 2.) that a Guardianship is in the proposed ward's best interests; 3.) that no lesser restrictive alternatives are suitable to address the needs of hte proposed ward; and 4.) that the Applicant for Guardian is qualified to serve as such and has no conflicts of interest with the proposed ward. Guardianship can be such a powerful legal action that the Texas Estates Code requires that the proposed ward have separate counsel, to ensure that the proposed wards rights are protected and concerns heard.
Guardianship can be an complicated legal process and one that should be tackled only by an experienced attorney. The Borger Law Firm can provide you with the answers and guidance you need in determining whether Guardianship may be appropriate for someone in your life, and can work with you from the Application process through to hearing and conclusion.
Asset protection is the weaving
What Is Probate Litigation?
After the death of a loved one, often disputes arise regarding a trust or will being administered through probate. Multiple parties may raise objections to the actions of the executor or one party may produce some evidence that may void certain aspects or the entire will. In such circumstances, disputes can derail the probate process and may require litigation. Some examples of probate litigation situations include:
This type of dispute may arise after a deceased’s will is submitted in the court. People often disagree or question the validity of the will’s terms and conditions on the basis of the deceased’s lack of capacity, undue influence, or technical flaws. This leads to contesting the will that requires litigation to prove the claim.
If a decedent or an incapacitated person is in debt, the creditor or lender can pursue the outstanding payment through the probate court. However, the process for establishing a claim is complex and may require the lender to file a lawsuit against the deceased or incapacitated person’s estate in order to receive their money.
When a person appointed to administer a will or trust is not performing their duties in the right way, other parties may go for fiduciary litigation. Conversely, an executor or trustee may also need legal assistance in defending against allegations of wrongdoing by the heirs or beneficiaries.
Sometimes, controversies take place when a guardianship action is initiated relating to the issues as to whether the incapacitated person requires a guardian to provide care. There is also a chance that some family members may question whether the chosen person is suitable to serve as the guardian of the incapacitated loved one. In such cases, guardianship litigation generally arises to decide the best way forward for the incapacitated person.
A surcharge action refers to a suit filed against the bond company of the guardian or administrator. This legal action is often taken in situations where a guardian or an administrator has misused their authority or stolen money or valuables out of the estate.
Whether counseling trustees, protecting beneficiaries’ rights, representing administrators, or litigating will disputes, a probate litigation attorney can help you in many probate related issues, including:
Discuss Your Case With An Experienced Probate Litigation Attorney Today
If you think you are being divested of your rights in a probate process, you may need a probate litigation attorney to contest matters and fight for what you rightfully deserve. Contact The Borger Law Firm today at 832-263-2100 or send an inquiry by filling the form below. Our law firm is located in The Woodlands and we serve clients in Montgomery County and surrounding areas in Texas.