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Probate & Guardianship

Probate & Guardianship Attorneys

What is Probate?

Probate is part of the estate planning process. It simply means to establish the authenticity and/or validity of a person’s will after someone passes away. It is the legal process that occurs after a loved one is no longer with us. Our lead Estate Planning Attorney, Megone Trewick says it best; “Estate Planning is one of the longest, lasting and best ways to tell your loved ones, I Love You.”

What is a Probate Lawyer?

A probate Lawyer is also known as a trust or estate lawyer who helps a trustee with the probate process. Probate is the court-supervised process of validting a deceased person's last will and testament.

What is a Guardianship Lawyer?

Guardianship simply means someone (the proposed guardian) is requesting the legal authority to make decisions for another person (the ward.) The ward can be a minor child whose parents are no longer able to care for him or her or a special needs child or adult who is unable to care for themselves, make their own decisions, etc….

Our lead Estate Planning Attorney, Megone Trewick has multiple years of experience helping our clients become guardians of their loved ones. To learn more about guardianship and how we can help you, please call our office today to schedule your complimentary consultation at 281-810-9760.

Why work with our team?

  • Legal guardianship is available for parents who are preparing for their children to be taken care of in their absence due to a variety of different reasons.
  • Guardianship is also available to parents of adult children who have special needs and can not take care of basic needs on their own.
  • We can help you reach your end goal of guardianship and make the process as least intrusive as possible for you and your family

How to Get Started in Houston, TX

Schedule a free 30-minute consultation with our experienced attorneys and get the help that you need. This is the first step in starting a conversation with one of our experienced family law or estate planning attorneys. When you work with our firm, you will see we are committed to tenaciously representing clients in every scope of the Texas court system. We believe the cornerstone of our success is the trust we are able to build with clients, while still maintaining the highest caliber of legal services.

Call our office at (281) 810-9760 or reach out to us online to learn more about our probate and guardianship services today.

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Frequently Asked Questions - Probate and Guardianship

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

    A: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.Answer here.

  • Q:What happens if a loved one dies without a Will?

    A: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.

  • Q:Is a handwritten Will valid in Texas?

    A: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.Answer here.

  • Q:What are the Different Types of Guardianship in Texas?

    A:There are four types of guardianship in the state of Texas: 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…. Guardian of the Estate: The guardian is held responsible for the ward’s property and financial means only.. 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. 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.

  • Q:What are the Responsibilities of a Guardian In Texas?

    A: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

  • Q:What are the Responsibilities of a Guardian In Texas?

    A: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

  • Q:Is Guardianship the only way to help my loved one who really needs assistance? Are there any alternate options I can try first that would help my family member or loved one?

    A: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