FAQs

What is probate?

Probate is the process that the court system uses to validate a will, appoint an Executor or administrator, and establish a need for administration of an Estate. An Executor or Administrator is responsible for gathering estate assets, paying estate taxes, debts, and expenses, and eventually distributing estate assets. Probate does not necessarily involve a will. Texas allows for Estate Administration of an Intestate Estate, of a person who died without a will. However, proving the validity of a will in court is the most efficient administration of an Estate.

Is Probate necessary or required?

In almost all cases, some proceeding will be required in order to probate a deceased person’s Estate. There is typically some property that cannot be transferred without some sort of probate action. Probate can be a relatively straightforward process in many cases, and is an effective tool to transfer property of a deceased person, if planned properly.

How long do I have to probate a will? 

As a general rule, the probate of a will must take place within four years of the date of death, but the Texas Estates Code provides for some exceptions to this general rule. Contact our firm to determine if your loved one’s situation fits the exception to the rule.

Do I need a will?

Yes. A will outlines an individual’s wishes for how their estate will be distributed upon their death. In the absence of a probated will, Texas law controls how an Estate will be distributed, which is often times very different than what the individual wants. Without a will, probate can be very costly and time consuming for your loved ones. Contact one of our experienced attorneys to draft a will that is right for your specific needs and desires.

Does my spouse automatically inherit everything I have upon my death? 

Not necessarily. In Texas, generally speaking, community property is inherited by the surviving spouse if all children born to the deceased spouse are also that of the surviving spouse. In short, if you or your spouse have children from a previous marriage, you are in desperate need of Estate planning to ensure that you spouse receives your share of the community property upon death.

What is a living will?

A living will is also known as an Advance Directive to Physicians. It is a document that outlines one’s specific wishes and preferences if they become terminally ill or are in an irreversible condition (vegetative state). Contact our firm to make decisions regarding life support and end of life care and take the decision-making burden off of your family members.

What is a Power of Attorney?

A Power of Attorney is an estate planning tool that allows you to appoint someone to handle your medical and financial affairs in the event of your mental incapacity. This is not a substitute for a will, as it ceases to be effective upon your death. The power of attorney should be updated periodically to keep current with Texas law. Mental incapacity is not limited to a certain age, and it is important to be prepared for the future regardless of your age. 

Can I change my Estate planning documents if I change my mind in the future?

Yes. In fact, your documentation should be periodically reviewed and updated as major life events occur such as death of loved ones, marriage/divorce, significant financial changes, birth of a child, etc.

My loved one is physically unable to leave the house/nursing home. Can you still help them? 

Yes! Our firm offers concierge services. Ask about our travel fee, and rest assured that physical limitations will not prevent your loved one’s ability to properly plan for the future.