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Experienced Probate & Guardianship Attorneys in Texas

Looking for an experienced probate and guardianship attorney? Let us assist you in safeguarding your assets and navigating the legal complexities of probate and guardianship matters. Contact us now for a complimentary consultation to take the first step toward protecting your future.

Understanding Probate: What is Probate?

Probate is an integral part of the estate planning process. It involves the establishment of the authenticity and validity of a person's will after they pass away. Often, this procedure transpires under the supervision of a probate court, where the executor of estate plays a crucial role. In essence, probate is the legal process that unfolds after a loved one's passing, helping to ensure a smooth transition of assets and estate management. Our lead Estate Planning Attorney, Megone Trewick, often remarks, "Estate planning is one of the longest-lasting and best ways to express your love to your loved ones.

To explore our probate and guardianship services today, call our office at (713) 564-7029 or reach out to us online.

Role of a Probate Lawyer: What is a Probate Lawyer?

A probate lawyer, often referred to as a trust or estate lawyer, is a legal expert who assists the executor of estate in maneuvering through the probate process. In Houston, the probate process can be intricate, and having an experienced probate lawyer by your side can make all the difference. Our team ensures that the deceased person’s last will and testament are authenticated under court supervision, ensuring that all aspects of wills and probate are managed competently.

Guardianship and it’s Role: What is a Guardianship Lawyer?

Guardianship is a legal provision whereby someone (the proposed guardian) seeks the authority to make decisions for another person (the ward). The ward could be a minor whose parents are unable to care for them or a special needs child or adult who cannot take care of themselves or make their own decisions. Sometimes, circumstances demand the establishment of temporary guardianship, which our team can efficiently handle.

Our lead Estate Planning Attorney, Megone Trewick, has extensive experience helping clients become property guardians of their loved ones, including guardianship of an adult. To understand more about guardianship, and how we can aid you, reach out to our office to schedule a complimentary consultation at 713-564-7029.

What if I don't Probate in Texas?

Probate may appear daunting due to its complex nature, but it is crucial for correctly distributing the assets of someone who has passed away. This is particularly true in Texas, where probate laws have a substantial impact on how an estate is resolved.

Typically, the probate process includes confirming the validity of the deceased’s will (if present), appointing an executor, cataloging assets, paying off debts, and allocating what’s left to the rightful heirs.

Avoiding the probate process can lead to several issues and legal complications. In Texas, without probate, the deceased’s assets aren’t legally passed on to their heirs or beneficiaries. This can result in unclear property titles, complicating future sales or transfers. Furthermore, unresolved debts and taxes can accumulate interest and penalties, which might significantly reduce the estate’s value.

Failing to go through probate can lead to several complications, including:

Intestate Succession: In the absence of probate, asset distribution will be handled according to Texas intestate succession laws, potentially not reflecting the deceased’s intentions.

Unresolved Debts: Probate serves as a process to clear the deceased’s outstanding debts. Skipping this step can lead to debts reducing the estate’s value or becoming a burden for the heirs.

Legal Challenges: Avoiding probate can also open the door to legal disputes and challenges regarding the estate, complicating the distribution process and potentially leading to lengthy legal battles.

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Benefits of Working with a Probate Attorney in Texas

A probate attorney can navigate the complexities of probate, ensuring compliance with all legal requirements and advocating for your interests. We urge readers to seek personalized legal advice for their specific situations.

 

The Law Office of Bryan Fagan’s Probate & Guardianship Attorneys Are Here to Help

Understanding both probate and guardianship in Texas is essential for ensuring a legally sound and smooth process of asset distribution after death and the management of affairs for those unable to do so themselves. While the procedures might seem daunting, it’s important to be aware of the potential complications that can arise without proper legal guidance.

If you have questions about probate or guardianship, or if you need assistance with an estate matter, don’t hesitate to reach out to our team. Contact us today for a free consultation to discuss your specific needs related to probate and guardianship. We’re here to guide you through every step of the way.

Frequently Asked Questions - Probate and Guardianship

Here are a few most-often asked questions to help you along your estate planning and probate journey.
What is an executor?

An executor is a person you choose to appoint to carry out your wishes and desires detailed in your will after you pass away. Texas allows you to have your executor be an “independent executor,” which basically means, your executor has as little court supervision as possible. Choosing to have an independent executor can save you a lot of time and money; in addition to expediting the whole probate process.

In the event your loved one passes away without a will, then the entire estate, ie: assets, property, debts, etc will belong to the State of Texas. The state will have the ability to decide how everything is distributed; most likely to the beneficiaries appointed by your loved one. Dying without a will also means you and your loved ones will most likely have to attend probate court.

Yes, with one caveat. It is called a Holographic Will. But it is only valid if the Entire Will is Completely Written in the deceased person’s handwriting.

There are four types of guardianship in the state of Texas:

  1. Guardian of the Person: The appointed guardian is responsible for providing for the basic needs, care and supervision of the ward. This includes, but is not limited to: food, clothing, shelter, insurance, medical treatment, etc….
  2. Guardian of the Estate: The guardian is held responsible for the ward’s property and financial means only..
  3. Guardian of the Person and Estate: The appointed guardian is responsible for taking care of all the ward’s needs. Those all include: physical, emotional, mental, spiritual and financial needs.
  4. Temporary/emergency guardianship: Temporary guardianship is assigned to the proposed guardian until a decision is reached by the court.

In Texas, only one person can be appointed as the guardian of the person or estate. However, one person can be appointed guardian of the person and another person appointed guardian of the estate if the judge believes it is in the best interest of the incapacitated person or ward.

Depending on the type of guardianship that was established a guardian’s responsibilities include:

  • After the guardianship is approved by the judge, the guardian is required to post a bond as well as submit an annual report regarding how the ward is doing.
  • Provide for all the ward’s needs (physically, emotionally, mentally, spiritually and financially)
  • File annual account details with the estate’s receipts and expenses throughout the year
  • Manage the estate assets of their ward
  • Filing an inventory of the ward’s assets
  • Requesting the court’s permission and approval for some actions taken on behalf of the ward

Depending on the type of guardianship that was established a guardian’s responsibilities include:

  • After the guardianship is approved by the judge, the guardian is required to post a bond as well as submit an annual report regarding how the ward is doing.
  • Provide for all the ward’s needs (physically, emotionally, mentally, spiritually and financially)
  • File annual account details with the estate’s receipts and expenses throughout the year
  • Manage the estate assets of their ward
  • Filing an inventory of the ward’s assets
  • Requesting the court’s permission and approval for some actions taken on behalf of the ward

Some alternate options are, but not limited to:

  • Appoint a medical power of attorney
  • Appoint a durable power of attorney
  • Appoint a representative to manage the public benefits of the proposed ward
  • Establish a joint bank account
  • Create a management trust
  • Create a special needs trust

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