Dealing with the loss of a loved one brings enough emotional challenges without the added stress of legal paperwork. Probate can get stressful and frustrating, but having the proper documents ready can make the process much smoother. Signed original will The...
Decatur Family Law and Probate Attorney
How does intestacy impact probate proceedings?
When someone passes away without a valid will in Texas, their estate goes through intestate succession. This means the probate court follows state laws to determine who inherits the deceased person’s assets. Intestacy can complicate the probate process, especially...
Probate vs non-probate assets: What’s the difference?
When someone passes away, their assets typically go through a distribution process that follows their wishes or state law. This court-supervised procedure called probate ensures a fair distribution of the deceased’s assets, whether they left a will or not. However,...
What property is exempt from probate in Texas?
When you serve as personal representative for an estate going through probate in Texas, one of your duties is to ensure the creditors of the estate get paid. This is done with probate assets. However, not all assets are included in probate. Property which is exempt...
Locating a lost will in Texas: A step-by-step guide
Losing a loved one can be a devastating experience, and the emotional toll it takes on the family they leave behind can be immense. And if you cannot locate your deceased loved one’s will, the circumstances may become even more challenging. The original will is a...
What rights do creditors have in insolvent estates?
Losing a loved one is difficult enough, but discovering they've left behind more debts than assets can pile on a layer of stress to your grief. If you're a family member facing this situation, you might wonder about your responsibilities and the rights of creditors....
What can you expect when interacting with probate court?
Probate court can be a total mystery to Texas residents who find themselves facing the need to administer an estate. Most people have little to no exposure to the American legal system in any form, outside of perhaps minor traffic tickets or maybe a personal injury...
Know the facts about the personal representative and probate
In Texas, the personal representative plays a fundamental role in the probate process after a person has died. This is often referred to as the executor. When a person writes their will, they will name a trusted individual to perform these duties. The court will...
What are the rules of intestate succession in Texas?
When a loved one passes away without a will, it presents a complex web of questions and uncertainties. Who gets what? Who's in charge? And how do you even begin to sort it all out? In Texas, the rules of intestate succession are in place to provide some much-needed...
Familiarizing yourself with the basics about probate in Texas
If you find yourself involved in a probate matter, it may be the first time you have ever had to deal with this type of legal situation. Most people probably never have to deal with the legal system, outside of maybe personal injury cases or minor traffic infractions....
