Probate Lawyer Arlington TX
Our Arlington TX probate lawyer shares that probate is the legal process by which a deceased person’s debts are paid off and any remaining assets will be distributed to their heirs, as named by them, or ordered by the court. Regardless of whether or not a will exists, the estate may need to be subjected to the probate process anyway. However, when there is no will, the court will be required to get involved. A probate lawyer serving Arlington TX will tell you that the court will generally name an executor of the will and will allocate the remaining assets according to the laws of the state. During the course of the probate process, it is certainly possible that someone could contest the will, or there may even be allegations against the executor. Regardless of how complex or straightforward the probate process is likely to be, it is important that if you are closely tied to an estate subject to probate that you consult an experienced Arlington TX probate lawyer as soon as you possibly can. The more time that the legal team at Brandy Austin Law Firm, PLLC is given to navigate the complexities of your case, the better.
After a will has been filed with the probate court, there will be a number of steps to be taken by the executor, heirs, and/or an Arlington TX probate lawyer. Both creditors and heirs will have rights, privileges, and limitations that must be adhered to. Furthermore, the will can be reviewed by anyone as it is a public record. That said, it is certainly possible that not everyone involved will be satisfied with the provisions and results. If this should happen, a will contest may ensue. In this case an Arlington TX probate lawyer would need to prepare for probate litigation. This type of litigation is considered to be one of the most contested areas of the law, and tends to involve extensive arguments and a significant amount of time, and money.
Common Reasons that a Will May Be Disputed
There are a number of reasons to dispute a will, but most involve at least one of the following:
- Lack of mental capacity
- Undue influence
- Intentional interference with an expectancy
- Improper signing of a will
- Multiple wills exist
- Missing or stolen assets
In addition to the above, our Arlington TX probate lawyers want you to be prepared that probate litigation may involve:
- The construction of a will
- Determination of a will
- Elective share litigation
- Breach of fiduciary duty
- Removal of fiduciary
- Surcharge action
In general, there is a certain period of time for which a will can be contested. In some states this is just 20 days; after which, you may be unable to litigate the estate. There are exceptions to this rule. For example, if you were the long lost child of a parent who died, and were not notified of their death for several years, you may be able to contest the will if you believe you should have been included in it, but were not. Before you make a decision on what to do about contesting a will, it is advisable to consult an Arlington TX probate lawyer in order to explore your legal options fully.
If you’re in need of a probate lawyer Arlington TX trusts, contact Brandy Austin Law Firm, PLLC. The administration of an estate through probate differs from state to state. There are a few peculiarities to the probate process in Texas and many find it difficult to navigate without the assistance or representation of a probate lawyer. If you are named as the executor in someone’s will or are the person in your family who is responsible for sorting through assets after a death, we can guide you through the process.
What Does Probate and Estate Actually Mean?
The top probate lawyer Arlington TX depends on can explain each and every step of the legal process. Probate is known as the legal process of managing and settling the estate of a deceased person who had a valid Will. Estate Administration is the legal process of managing and settling the estate of a deceased person who did not have a valid Will. In almost all cases, either Probate or Estate Administration is necessary to pass title of an asset from the deceased to a beneficiary.
As a probate lawyer Arlington TX counts on, we represent a variety of family members, executors, and beneficiaries during the probate and estate administration process. We advise clients about the most effective way to avoid and/or settle disputes related to an estate.
To Probate Or Not To Probate?
Not everything will need to go through the probate process and a seasoned probate lawyer Arlington TX trusts can find the most inexpensive route to handle an estate:
- Some banks accounts are held jointly — with a surviving spouse, for example. The funds in the account will go directly to the survivor.
- Life insurance payments are generally made without going through probate. There are exceptions if a trust owns the policy and not the deceased, or if the estate set up other life insurance trusts.
- Also, ownership of some real property held in joint tenancy will automatically transfer to the surviving joint tenant upon the death of the other. There is no need to probate some types of property ownership for title to transfer upon death.
A probate lawyer Arlington TX can count on can help you determine the size of the estate and the proper probate procedure to follow, if any is needed at all. A free consultation will help get a quick overview of your situation and legal professional can establish a game plan for your next steps.
Remember, every bit of information you can provide can help assist you in resolving any outstanding debts owed to or by the estate. If the deceased person owed money to any person or business, those debts would need to be paid from the assets of the estate before any other disbursements can be made, in most circumstances.
Brandy Austin Law Firm, PLLC has a probate lawyer Arlington TX respects. Our firm has helped many families through the complex probate administration process, both in contested and uncontested cases. We can also help you if no probate is needed, which is both efficient and cost-effective.
Schedule a Consultation with a Brandy Austin Law Firm Probate Lawyer
Call 800-958-4948 or contact us online to schedule a free consultation. As an experienced probate lawyer Arlington TX believes in, we provide legal services for a diverse clientele in the areas and counties surrounding Arlington Texas, including Tarrant, Dallas, Johnson, Navarro, and Ellis counties.
Reasons to Revise Your Will After Divorce
Getting a divorce is one of the most stressful ordeals a person can go through. You’re upset that your family has broken apart and aren’t sure what the future holds for you. As probate lawyers Arlington TX trusts, we know that revising your will probably isn’t at the top of your mind. However, making changes to your will is one of the first things you should do after getting divorced. Brandy Austin Law Firm, PLLC has provided you with a few key reasons why:
Your Ex-Spouse Could Inherit Everything
In wills shared by married people, our Arlington TX probate lawyers have often seen assets left to the living spouse. If you are divorced, you probably don’t want all your assets going to your ex-spouse. If you don’t make the necessary changes to your will, your ex will likely receive all of your assets should you pass away first. If you want to leave certain assets, like a summer house, to other family members, it’s best to revise your will soon with our Arlington TX probate lawyer.
You Want to Lessen Stress on Your Loved Ones
If you don’t update your will after your divorce, it could also result in a major headache for your family members. They might not be able to locate your ex-spouse or believe that certain assets should go to them instead. The last thing you want is to give your loved ones more grief to deal with. By making the necessary changes to your will, you can lessen the burden on your family members.
You Don’t Want Your Ex to Assume Guardianship of Your Kids
Arlington TX probate lawyers share that often, if one parent passes away, the other parent will most likely get custody of any minor children. However, if you don’t think that your ex is fit to take care of your children should you pass away prematurely, it’s more important than ever to make changes to your will. You will need to gather as much evidence as you can about your ex’s inability to care for your children and include it in your updated will.
You Need to Change Your Power of Attorney
It’s important that you contact a probate lawyer in Arlington TX to make the necessary changes to your will. The power of attorney is the person responsible for making all of your financial, legal and healthcare decisions should you become incapacitated. If you were married before, you likely listed your previous spouse as your power of attorney. Now that you’re divorced, it’s time to appoint another person as the power of attorney.
Consulting with a Probate Lawyer in Arlington TX
If you’re recently divorced and ready to make the necessary changes to your will, you should meet with the experienced legal team at Brandy Austin Law Firm, PLLC as soon as possible. Our Arlington TX probate lawyer can look over your current will and help you make the appropriate changes in a timely and accurate manner.