The loss of a loved one is the most common reason a person might require legal services for probate. Laura D. Heard understands that this is an emotional time for the family. Probate and Estate law includes many aspects of managing the property of someone who cannot manage their own property for a variety of reasons. Most commonly, a deceased person has property which the heirs or will beneficiaries wish to acquire. While a will may designate who is to receive property, that will has no legal effect until it is approved by a judge in probate court. For persons who die without a will, there is a process for an affidavit of heirship. Creditors of the estate must be satisfied before the estate property is distributed to heirs and beneficiaries. Whether or not the decedent had a will, Laura D. Heard can assist in making the probate process as efficient as possible. She is well-acquainted with the probate process and will prepare the proof and orders that the judge will sign. Further, she will assist in filing the necessary documents in the county real estate records as well.

Other options for decedent's estates include a “small estate affidavit” and filing a will in the deed records as a “muniment of title” without an estate administration.

Often a person who is alive needs the probate court to establish a guardianship. Laura D. Heard recommends that those who are able should sign powers of attorney to avoid the need for a guardianship in many cases later in life. However, for those who become mentally incapable to handle their own affairs, whether due to old age, disease, or accident, often a guardianship is the only legal solution. Life insurance companies often require a guardianship before they will distribute funds that are payable to minor children of the deceased. A given situation may require a guardian of the estate only, a guardian of the person only, or a guardian for both the person and estate. The proper guardianship of an estate may or may not require annual accountings to the court. Laura D. Heard will seek to customize a guardianship to limit it only to what is absolutely necessary in a given situation.

In the area of estate planning, Laura D. Heard prepares simple wills at a flat rate of $200 and also recommends (1) a statutory power of attorney, (2) medical power of attorney, and (3) directive to physicians. She can prepare “do-not-resuscitate” (DNR) orders if desired.  After death, the probate process is stream-lined in Texas for uncontested estates.  Our hourly rates are $250 per hour for the senior attorney, and varies at a lesser rate per hour for associate attorneys.  We do not base our attorney's fees on the size of the estate, but rather on the amount of time involved in transferring the assets.  For independent administrations, the amount of attorney involvement may depend largely on the Executor.

Probate of a will or estate should be accomplished within four (4) years of the date of death. The Law Office of Laura D. Heard, P.C. offers a free half-hour consultation for probate matters. Call (210) 655-9090 today to schedule an appointment.