Wills | Trusts | Estate Planning | Probate | Guardianship
Thoughtful
Estate Planning
= Peace of Mind
Probate Attorney in Dallas, TX
Convenient. Virtual. Service.
When navigating the complexities of probate, having a knowledgeable and experienced attorney by your side can make all the difference. We are dedicated to providing compassionate and expert legal support to guide you through every step of the probate process. Whether you’re dealing with the administration of a will, resolving estate disputes, or exploring probate alternatives, we are here to ensure that your interests are protected and that the process is as smooth as possible.
“Estate planning isn’t just for the wealthy, it’s for everyone, everyone who wants to protect their family and prepare for the future".”
Probate Law Services
Probate A Will
Our team supports clients through each of these stages by preparing and filing the necessary documents, communicating with the court, and managing any required actions. Our goal is to streamline the process and handle the administrative details, allowing you to focus on other aspects of your life during this difficult time.
Probate Without A Will
When a person dies without a will, their estate must go through a different legal process. This involves:
● Determining Heirs: The court identifies who will inherit the estate based on state laws, which usually follow a predefined hierarchy.
● Appointing an Administrator: The court will appoint someone to manage the estate since there’s no executor named in a will.
● Distributing Assets: The estate’s assets are divided according to state intestacy laws rather than personal preferences.
We assist clients by clarifying each step of this process, from identifying legal heirs to ensuring that assets are divided fairly.
Not Probating A Will
In some situations, probate may not be necessary. This can occur if:
● Small Estate: If the estate’s total value is below a certain threshold set by state law, probate might be bypassed.
● Joint Ownership: Assets held jointly with right of survivorship pass directly to the surviving owner without needing to go through probate.
● Beneficiary Designations: Certain assets, such as life insurance policies or retirement accounts, automatically go to the named beneficiaries, bypassing the probate process.
Our role here is to help you understand if probate is required and what alternatives might be available.
Probate Litigation
Disputes can sometimes arise during the probate process, leading to probate litigation. Common issues include:
● Disputes Over Validity: There may be conflicts about whether the will or trust is valid due to claims of fraud or improper execution.
● Challenges to Executor’s Actions: Beneficiaries or other interested parties might disagree with how the executor is managing the estate.
● Claims Against the Estate: Creditors or other parties may make claims against the estate for unpaid debts or obligations.
We provide expert assistance in handling these disputes, working to resolve conflicts efficiently and protecting our clients' interests.
Probate Alternatives
In some cases, alternative methods can bypass the formal probate process. These alternatives can be useful for simplifying estate management:
Affidavit of Heirships
This affidavit helps in transferring property to the heirs without going through probate, simplifying the process when there are no disputes.
Small Estate Affidavits
This document allows for the transfer of assets without the need for formal probate proceedings, streamlining the process for smaller estates.
Motor Vehicle Affidavits
A Motor Vehicle Affidavit is used to transfer ownership of a vehicle without probate and is useful for a quick transfer of vehicles.
These alternatives provide more efficient ways to manage and distribute assets, avoiding the lengthy probate process. We help the Dallas community explore these options, offering guidance on the best approach based on their specific circumstances.
When facing the probate process, having a skilled professional by your side can make all the difference. Our team of probate attorneys are available to guide you through every step with expertise and compassion.
If you’re dealing with probate issues or have questions about the process, don't hesitate to reach out. We discuss your needs and get the support you deserve. Let our expertise help you manage the probate process smoothly and effectively.
Areas of Practice
Probate refers to the legal process of administering a deceased person's estate. The court reviews the will to determine if it is valid and provides a final ruling on the division and distribution of assets to heirs and beneficiaries based on the will. If a person dies intestate, or without a will, the court divides the estate according to state law. LEARN MORE
A guardianship typically involves the appointment of someone to manage the medical and physical care of a person with limited capacity such as a special needs child or a person with physical or intellectual disabilities. A conservatorship is a court order that appoints someone to oversee the financial affairs of a minor or a person who is incapacitated. One person can serve in both roles. LEARN MORE
A will and last testament form the foundation of an estate plan and are the key instrument used to ensure that the estate is settled in the manner desired by the deceased. While there is more to an estate plan than just a will, it is the presiding document the probate court uses to guide the process of settling an estate. LEARN MORE
Like a will, a trust provides for distribution of assets based on the deceased’s wishes. But unlike a will, a trust can protect assets from creditors and avoid taxes and the cost of probate. It can provide for control and future direction of assets long after the deceased person’s passing. Special needs trusts can permit a disable child or parent to receive income from the trust while still retaining public disability benefits like Medicaid. LEARN MORE
Everyone has an estate, it’s everything you own, your home, your accounts, your cars, and you probably have very specific ideas where and to whom you want your money to go after you pass. Because if you don’t, the state will be very happy to tell you exactly where your money will be going, and you and your heirs may not like it. Take charge of your estate. LEARN MORE
“Someone’s sitting in the shade today because someone planted a tree a long time ago.”
Warren Buffet
Frequently Asked Questions:
-
Probate can take several months to over a year, depending on the complexity of the estate and any potential disputes.
-
To file a will for probate in Dallas, Texas, you must submit the original will to the probate court in the county where the deceased resided.
-
Probate can sometimes be avoided through estate planning tools like living trusts, joint ownership, or beneficiary designations.