Expert Probate Lawyer in New Braunfels

Helping Clients Work Through Difficult Probate Issues

Probate law can be extremely complicated and overwhelming. Add in the fact that you are probably mourning a beloved friend or family member, and the probate process can be extremely difficult. Distant relatives and acquaintances who barely knew the deceased often appear out of nowhere and may be trying to take things from the estate while you are still dealing with funeral arrangements. The family may disagree over whether the body should be buried or cremated and where the remains should rest. It may be difficult to find the will or trust documents. There are countless decisions to be made.

The good news is that you don’t have to do this alone. With an experienced probate lawyer, you can rest assured that someone will be next to you to help resolve legal issues or prevent problems before they occur. Our legal team has extensive experience with estate administration, making us excellent allies as you confront the probate process in Texas.
Reach out to our estate planning and probate attorney right away to learn how we can help you through the court system, including making sure your estate planning protects your loved ones in the future. Call our San Antonio and New Braunfels law firm at 210-775-0353.

What Are the Steps of the Probate Process in Texas?

Probate matters arise when someone passes away without meeting the legal requirements to avoid probate. During probate, the decedent’s will is made public knowledge in that anyone can pull the file at the courthouse and see the will. However as of yet, the wills are not available to view online unless someone has filed one in the deed records which is rare. The law has changed over the years so that now it is optional whether the executor wants to file the estate inventory with the court, so privacy is not as big of a concern as it once was. Probate also includes paying off creditors and distributing assets to beneficiaries.

In Texas probate can be Independent or Dependent. Independent executors have no court oversight once they have filed their oath of office and filed sworn affidavits that they completed an inventory and provided a copy of the will to all the will’s beneficiaries.The process of Independent administration is generally very smooth and can be accomplished in a matter of weeks. All wills written by a knowledgeable Texas attorney will provide that the executor should be independent and serve without a bond. However if there is no Will, the law presumes that the estate administration should be dependent unless all the heirs agree to make it independent. Although an independent administration would make the entire process much less expensive and completed sooner so that the heirs would receive more money and receive it sooner, it is generally difficult to obtain the necessary written consents from every single heir.

Thus, most intestate estates are dependent and may take more than ten times the amount of time, work and attorney’s fees to get through probate as it would have had it been an independent administration. A dependent administration requires that the administrator post a bond and also a second attorney must be appointed to investigate and report to the court on any unknown heirs. The attorney fees for both the administrator’s attorney and the ad litem attorney are ultimately paid out of the estate. Then each step of the way requires another court hearing to obtain the judge’s permission to do what must be done to settle the estate, and at the end of the year, an annual accounting is due to the court.

If you are the representative handling probate on behalf of a loved one, whether or not you have a will, you may have such duties as:

Inventorying the estate assets
Notifying creditors of the person’s death
Paying off any debts the person owed out of estate assets
Notifying beneficiaries of the execution of the estate
Paying estate taxes, income taxes and ad valorem taxes, if any, on behalf of the estate
Distributing remaining funds and assets to beneficiaries according to either the deceased person’s wishes if there is a will or if no will, then according to Texas law

Call our San Antonio law firm for attorneys with legal training unique to the probate process and who are experienced and knowledgeable about procedures in New Braunfels. Our probate lawyers can help you accomplish these tasks and prepare an estate plan that includes trusts and other documents to help your loved ones avoid probate after you pass away or includes terms to make sure that the probate process is an independent one.

What Problems Could Arise During Probate?

Probate is not without risks, including but not limited to:

Assets being distributed in a way that the decedent would not have wished
Disputes among beneficiaries
Problems with valuing each asset
Challenges to the will’s validity
Mistakes during tax preparation
Debts and liabilities not covered by the estate’s funds
Claims of executor misconduct or undue influence

Protecting yourself during the probate process is essential. Please let a probate lawyer at our law office help you as you experience probate. We can assist you with wills, trusts, powers of attorney, and more.

How Can Hiring a Probate Attorney Help Me?

With the many risks and issues arising during probate, it is critical to have legal representation at every step of the process. If you have already begun the probate process and are struggling with legal issues, it’s not too late to hire an estate planning and probate lawyer like those at South TX Law Firm.

A lawyer can help minimize your risk and resolve problems quickly so legal battles don’t drain the estate of precious resources. Our attorneys are standing by to advise you on your options and help you carry out your tasks during this difficult time.

We can also represent you if you are a concerned family member worried that probate is not being carried out correctly. Please don’t go it alone with so much resting on your shoulders. Call us today!

Should You Hire Our Expert Probate Lawyer – New Braunfels?

Executing estate planning documents and settling Texas estates is complicated, even if the person has an estate plan. If the decedent did not do any estate planning, you may have a heavy burden on your shoulders.

Our Central Texas attorneys represent clients facing a wide range of probate-related issues. We’ll protect your loved one’s property and resolve disputes as quickly as possible. We have handled countless estates on behalf of our clients, including wills, trusts, and powers of attorney in New Braunfels.

Please let us take on your probate case so you can get back to your life and focus on what’s most important: spending time with loved ones at this challenging time. We promise to listen to your concerns and answer your questions with compassion and care. Call 210-775-0353 to speak with our talented, caring legal team today.