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Probate & Guardianship in Houston, TX

PROVIDING GUIDANCE AND PROTECTION FOR YOUR FAMILY'S FUTURE

Signing a Contract

The trauma of losing a loved one comes with heartbreak. The unexpected consequences of death can also leave undesired changes for the deceased’s loved ones. Unfortunately, the loss can bring forth disagreements regarding how property and finances are to be handled. Our firm has the experience to guide you through the changes faced after a loved one passes away. We can also assist those interested in avoiding protracted litigation and disagreements among their loved ones with pre-death property dispositions and estate planning. Our firm also possesses the skill set to assist families in protecting loved ones who are unable to protect themselves due to mental and/or physical incapacity. We represent clients in the following matters: 

  • Estate planning

  • Guardianship

  • Heirship proceedings

  • Pre-death property transfers

  • Probate litigation

  • Small Estate Affidavits

  • Wills and Trusts

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Probate & Guardianship

Frequently Asked Question

What is estate planning? 

Estate planning is a legal procedure to distribute your assets and address your liabilities in a way that benefits you most as it relates to estate taxes and secures the most benefit from your estate for your beneficiaries and heirs. Estate plans determine how your estate should be managed after your death.

What is a Will, or Last Will and Testament?

A Last Will and Testament is a set of instructions that determine how an individual's assets, liabilities, holdings, and family are to be managed and/or distributed in the event of their death.

What is probate?

In Texas, probate is a legal system that determines the validity of a will or Trust before a court. In the absence of a will or Trust, the court will determine how assets should be distributed. Probate matters can be time-consuming, and the probate process can be long and expensive. The legal services of an experienced probate attorney can help you implement an estate plan to ease the distribution of assets. 

How expensive and time-consuming is probate?

As with any legal process, a number of factors can influence the complexity, duration, and expense associated with the probate process. Among these are whether the deceased left a valid will, marital status at the time of death, the number of heirs, if heirs are minor children, etc. 
 

In Texas Law, there are multiple probate options for probate administration. The best legal option will consider the factors mentioned above. In cases where the estate is uncontested, the probate process can usually be handled quickly and affordably.

Are all assets part of the probate process?

There are certain assets that are not subject to probate. They can be distributed to the beneficiaries after the decedent's death, as opposed to waiting for the end of the probate process. In Texas, some common assets that aren't subject to probate are the following:

 

  • Any assets that have been placed in a Trust

  • Specific types of jointly held property

  • Life insurance payouts

  • Certain funds held in retirement accounts or pension accounts

  • Accounts set as Payable On Death (POD) or Transfer on Death (TOD)

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