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Wills and Probate

Wills and Probate

No one plans on dying, but it will come to all of us.  When it happens, you want to leave your affairs as organized as they can be, to ease the transition that your family will have to endure.  You do this by planning now, while you still can, with the aid of an experienced attorney.

In anticipation of this evil day, we assist clients in planning with

  • Last Wills and Testaments;
  • Revocable Trusts; and
  • Appointments of Agent for Disposition of Remains

But there are also a number of documents we like for you to have as well.  These are in fact only useful before you pass, but also aid your loved-ones in dealing with difficult issues such as your senility, dementia or disability which may prevent you from acting in your own behalf.

  • Durable Powers of Attorney;
  • Medical Powers of Attorney;
  • Directives to Physician;
  • Appointments of Guardian

If you die in Texas owning “probate assets” your estate may very well have to be probated in a probate court in order for your representative to have the power to take control of, transfer or sell the assets of your estate.  We are able to represent clients in probate actions in all counties in Texas and have filed actions in a number of them.

Probate can be a difficult process if you have not left a properly prepared will.  Home-made wills, last-minute hospital wills, online wills, form wills, lost wills and badly done lawyer-prepared wills can and will raise many issues and hurdles that take imagination and perseverance to solve in the probate court.  We have seen all of these.  And we have solved all of them.

If you don’t have a will, you may still have an estate that needs to be probated. This will be done as an “intestate” probate where your estate passes to your heirs as designated by law. Another raft of issues arises in these heirship applications as the applicant has to prove in court who your heirs are. We have experience and expertise at solving the “family tree” issue and obtaining agreement among heirs as to how the probate will proceed, who gets to be the administrator, and whether the administrator gets to be independent.