Probate Lawyer Arlington TX

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.

Probate Litigation

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:

  1. Lack of mental capacity
  2. Undue influence
  3. Duress
  4. Intentional interference with an expectancy
  5. Improper signing of a will
  6. Forgery
  7. Multiple wills exist
  8. Missing or stolen assets

In addition to the above, our Arlington TX probate lawyers want you to be prepared that probate litigation may involve:

  1. The construction of a will
  2. Determination of a will
  3. Elective share litigation
  4. Breach of fiduciary duty
  5. Removal of fiduciary
  6. Surcharge action
  7. Accounting

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. What is Probate? When a person dies, their will must be submitted to the probate court nearest to the location where he or she lived prior to the death. If there was no will, or any kind of estate plan, the estate must still go through probate. An executor will be named in both situations, and he or she will have the responsibility of overseeing the process. Included in this process will be many tasks such as:

  1. Notifying all heirs who were named in the Will
  2. Notifying any creditors
  3. Filing owed state and federal taxes
  4. Gathering all assets
  5. Valuing assets
  6. Selling assets to pay any owed debt or taxes
  7. Distributing the remaining assets to the heirs

If there was no will, the court will follow the laws of intestate. In general, the assets will be distributed between the living spouse or children.

Does a Will Have to Go Through Probate?

In general, a will must go through probate. The exception to this may be when the estate is worth less than a certain amount, usually $20,000 to $40,000 (depending on the state). Additional ways to avoid the probate process is to place assets into a trust, or make use of retirement and life insurance accounts.

Contesting a Will 

Unfortunately, it has become increasingly common for a will contest to occur. As a probate lawyer in Arlington, TX, we have handled a number of will contests on behalf of heirs who are being accused by a party that believes they should have been included in the will, but was not. We have also represented those who believe they were disinherited. Regardless of what party you might be, if there is a possible will contest, hiring an Arlington, TX probate lawyer is recommended. Reasons to contest a will might include:

  1. Undue influence
  2. Missing assets or money
  3. Lack of a witness
  4. Lack of testamentary capacity
  5. Multiple wills exists
  6. Alleged forgery

The Cost of Probate

Without the necessary planning, the probate process can be very expensive. The estate must pay any owed debt and taxes, as well as court fees, executor fees, and legal fees. If the process is drawn out, because of a will contest or any other hurdle, these fees will accumulate. The estate can lose as much as 15 percent or more if precautions are not taken. Whether you are planning your estate or are preparing to go through the probate process, call a probate lawyer in Arlington, TX to find out how we can help you.

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:

  1. Some banks accounts are held jointly — with a surviving spouse, for example. The funds in the account will go directly to the survivor.
  2. 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.
  3. 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 817-841-9906 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.

Will Contests

In Texas, it may be possible to contest a will with the assistance of an Arlington TX probate attorney when one of the following (or more) is applicable:

  • Lack of witnesses to the document (also known as failure of form).
  • The testator had dementia or another illness that rendered them incapacitated or unable to make sound decisions.
  • The testator was influenced to draft the will according to the wishes of an influencer who persuaded to alter the will in their favor.

Trust Contest

When an interested party of a trust asserts the trust was poorly, or improperly, created, or was created under specific circumstances that does not reflect the choices of the grantor, a trust contest might ensue. For either a will contest or trust contest, you would need to have an Arlington TX probate attorney as your legal advocate.

Breach of Fiduciary Duty

The trustee or personal representative of an estate has a duty to manage the trust for the benefit of the beneficiaries. If they act in their own interests rather than that of the beneficiaries, or acts irresponsibly in some manner, the beneficiaries can file a breach of fiduciary duty.

Failure to Account

Similar to a breach of fiduciary duty, a trustee or personal representative of the estate will have many obligations. Our Arlington TX probate attorneys will tell you that one of these will be to provide an annual accounting of distributions and assets, as well as other transactions. Failure to provide this may give way to an estate litigation matter. It is common for both a breach of fiduciary duty and a failure to account be included in the litigation.

Guardian Litigation

Arlington TX probate attorneys want you to know that when a person with minor children dies, the children will be placed in the care of a guardian. If a guardian has not been named, and there is more than one family member who want to take care of the children, litigation can ensue. Litigation might also occur when a person believes the current guardian is abusing their role. These matters tend to be very sensitive and involve a lot of emotions. Having the right Arlington TX probate attorney at Brandy Austin Law Firm can make a difference in the way the case is handled.

Avoiding Estate Litigation

No one wants their estate to go through litigation. Through careful estate planning, it may be possible to minimize the likelihood of loved ones clashing during an emotionally charged period following your death. If you are prepared to plan your estate, or are considering updating a pre-existing one, talk with a probate attorney available in Arlington TX about reducing the potential likelihood of litigation.

Estate Litigation Matters Require a Lawyer

If you believe an estate has been improperly drafted or executed and you would like to challenge it, you should not delay in calling our wills attorney in Arlington TX at Brandy Austin Law Firm.

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.

f you are looking for an Arlington, TX probate lawyer, Brandy Austin Law Firm, PLLC may be able to assist your needs. Having years of experience, we understand the intricate process and laws that pertain to probate. At our law firm, we assist members of the Arlington community to ensure their final wishes are carried out. Without an estate plan in place, one’s estate may enter the probate process which will delay the distribution of assets, or they may go to individuals the deceased did not choose as their heirs.

Our probate lawyers works with members of the community to create legally binding documents that leave little room for possible litigation. Avoiding the probate process altogether is ideal as this speeds up the asset distribution process, reduces fees against the estate, and with the assistance of a probate lawyer it can be possible to avoid estate taxes.

Brandy Austin Law Firm, an Arlington, Texas probate law firm knows that there are many reasons why individuals may choose to avoid the probate process. They may wish for their heirs to be able to receive their inheritances as soon as possible. They may wish for the estate to not have to pay probate costs. And, they may wish to protect their family’s privacy. Probate is a public proceeding, which means that even after the fact, anyone can access the information contained within the proceeding—the description of each asset, its value, and who inherited it. It will also include the decedent’s debt record. For these reasons, many individuals will choose one or more methods to avoid probate. The professionals of our probate law firm serving Arlington, TX can explain these options to you and provide guidance that will better enable you to make informed decisions.

Assets that Automatically Avoid Probate

Even if the bulk of your estate passes into probate, part of it may automatically be excluded from that process and therefore, out of the public eye. Assets such as retirement accounts, jointly owned property, annuities, and life insurance are examples of this. Working with an Arlington, TX probate law firm can help you to consider ways to avoid probate. For example, if you were to create a living trust, it would be unnecessary to transfer ownership of these types of assets to the trust.

Avoiding Probate by Creating a Living Trust

If you create a revocable living trust, you can transfer ownership of your assets such as homes, undeveloped real estate, savings account, checking account, money markets, and much more. By transferring ownership of those assets into the trust with the help of our Arlington, TX probate law firm, these assets will no longer owned by you. As such, upon your passing they do not have to go through the probate process. Additionally, during your lifetime you will have access to those assets (including selling them or adding others) if you name yourself as the trustee.

Joint Ownership or Tenancy

If you add your intended beneficiary to the deed to your house, then they will automatically inherit your half of the ownership. This is another way to avoid probate. (If there is still a mortgage on the house, then they will be responsible for paying it.) This is often a good solution for assets such as homes, property, and cars, however an Arlington, TX probate law firm cautions that this is not viable for all types of assets.

When the Estate is Valued at Less than the Minimum Value for Probate

Each state determines a minimum value at which an estate must be worth before it is forced to pass through probate. That minimum dollar value varies, but it does not include assets that have joint ownership or tenancy, are owned by a living trust, or otherwise are excluded from the process. Consult Brandy Austin Law Firm, a trusted Arlington, TX probate law firm to learn if the estimated value of your estate is less than the minimum required for probate.

There are several ways to avoid probate and protect your family’s privacy—talk to an Arlington, TX probate lawyer at Brandy Austin Law Firm to learn more.

The Probate Process

When consulting with a TX probate lawyer in Arlington from the Brandy Austin Law Firm, PLLC, you may have questions about the overall probate process. Probate is a procedure through which the court system oversees management of a deceased individual’s assets. It is an expensive process that ensures that before the deceased’s estate is distributed to any heirs in the will, all of the deceased’s debts are paid.

Will or No Will?
Whether or not a will is present does not matter. If the individual who has passed has not left behind a will, the estate will go into probate automatically. Probate laws do vary by state, but there are many common similarities amongst jurisdictions. In Texas, probate typically follows the same set of steps. It often begins with filing various documents with the probate court.

A member of our legal team can do this for you to ensure everything is properly filled out and submitted to the proper authority under deadline. From this point, an executor will need to be appointed and the estate will need to be opened.

Before the probate process begins it can be a good idea to have a TX probate lawyer discuss how probate can affect your family and any alternative options that may exist, including the creation of a trust. By taking these measures, you might be able to avoid part or all of the probate process. This can save your heirs time, money, and the frustration often associated with the probate process.

The Types of Probate

In Texas there are three different mechanisms to administer an estate, and may have specific applications under the law. These types of probate are listed as follows:

  1. Independent administration
  2. Dependent administration
  3. Muniment of title

Designate a Beneficiary

If you have a life insurance policy or own assets in the form of a retirement account, then you are already on the way to avoiding probate by using one or more beneficiary designations. You can also do this with your checking and savings accounts in the form of a “payable on death” designation that you set up with your bank. An Arlington probate lawyer can provide you with more information about additional types of accounts and assets such as property that may qualify for beneficiary designation to avoid probate.

The Role of the Executor

An executor may have very defined responsibilities that must be fulfilled during the administration of an estate. Prior to accepting this role, it is prudent that the obligations are thoroughly understood; otherwise, there could be risks involved (i.e. civil action). We are more than happy to explain further what this role entails during a free consultation, so you can elect the right person as the executor.

Which Assets Go Through Probate?
As your Arlington probate lawyer from TX will explain, during the process of probate, assets that are jointly owned will go to the owner who has outlived the other. Any named beneficiaries will be given assets solely owned by the deceased, such as bank accounts or retirement funds.

Property that the deceased owned, especially if it was a percentage of property that was considered an investment, is subject to probate. Also, assets owned only by the deceased and that were not left to any named beneficiaries–for example, cars or boats–must go through probate.

However, if the deceased has a will and a beneficiary is not named in that will, the probate process will have a court appoint a beneficiary to manage the deceased’s property. This individual will have the power to distribute assets and to file documents in order to complete the probate process, as well as to legally accept a portion of the deceased’s property as payment for their help in managing the estate.

All that said, as you may notice just how complex things can get, and how each case is different. Often, assets avoided in the probate process can include:

  • Joint accounts
  • Property named in a living trust
  • Awards from life insurance policies
  • A retirement account that names a beneficiary
  • Co-owned savings accounts or bonds
  • Commissions, wages or salaries that were due to be given to the deceased before death
  • Any co-owned vehicles or boats that are registered on death forms to be transferred.

There are more simplified procedures for probate that offer smaller values of the estate, which are called summary probate.

Transfer Your Assets to a Trust

Trusts are a popular option for many who wish to avoid probate and enjoy the additional benefits associated with a trust. There are various kinds of trusts, and one type may be better suited for your needs more than other types. Our probate lawyer in TX can help you determine which option is ideal for you. When you transfer your assets to a trust, the trust becomes the owner of those assets.

Therefore, at the time of your passing, because the assets no longer belong to you they are not subject to the probate process. Depending on the type of trust you create, you may still have authority to manage the assets (including buying and selling them) throughout your lifetime.

Enter Into Joint Ownership with Rights of Survivorship

When you add a joint owner to your bank accounts, investments, business ownership, vehicles, real estate deeds, and many other types of property, that person will automatically receive full ownership of the property, this avoiding the probate process. There are exceptions to the rule, and one involves spousal ownership as per state law, if it applies.

It’s important to consult a legal professional before making the important decision to enter into joint ownerships. Though it may be an ideal solution for some, it may not be for you, so it’s critical that you have a thorough understanding of the ramifications. Our team at Brandy Austin Law Firm, PLLC. can provide you the information you need in order to make an informed decision.

Alternatives to Probate

Sometimes an estate does not include assets or issues that require that it goes through the formal probate process. To find out more, discuss your options with an probate lawyer in Arlington, TX who knows what may work best for you based on your unique situation.

How a Probate Lawyer in Arlington TX Can Help

Any of your assets that are not protected by a living trust or a will are likely to go through the probate process. The best chance you have to avoid probate entirely is to hire an attorney to help you through the process. We can talk you through appointing an executor, create a living trust or will to help protect your assets after your death, and help distribute your assets to beneficiaries.

Most have heard of the often dreaded probate process. When creating an estate plan, probate is a component that many people make their best efforts to avoid. However, in most cases, probate can be an unavoidable aspect to resolving the estate of your loved one. In some cases, probate can be cumbersome and time-consuming. However, it doesn’t have to be.

A Texas probate lawyer in Arlington at the Brandy Austin Law Firm, PLLC may have the ability to provide key guidance to those facing probate court. Rather than facing probate without an attorney, we can help you move through probate as seamlessly as possible.

The Probate Process
When a person passes away, probate is the legal process that occurs. The person identified as the executor of the estate files the necessary paperwork with the courts. During the probate process:

  • The will must be proven as validated
  • An overview of all assets and property is produced
  • Any debts are paid to creditors
  • Estate taxes are identified and paid
  • Remaining assets are distributed to beneficiaries

An attorney can help the executor manage the probate process. In most cases, lawyers fees are paid from the estate of the person who has passed away. In the absence of a will, or, when a person dies intestate, the probate court may identify an executor and even make decisions regarding the estate.

Advice That Aligns with State Laws
Having a clear understanding of Texas state laws is a crucial component to managing the probate process. This can ensure that you take the appropriate steps towards properly managing tax responsibilities. The Brandy Austin Law Firm, PLLC can not only help you manage this aspect to the probate process, but also has an up-to-date knowledge base of regulations, local laws, and procedures to ensure a smooth probate process.

Help with Managing Conflict
Conflict amongst heirs is not an uncommon component to the probate process. When a loved one passes away, there can be a number of unexpected twists and turns. Family may be left feeling slighted over the contents of the will, they may have expected there to be more, or, they may feel they were entitled to a larger inheritance. Whatever the case may be, when a loved one has passed away, the grieving process can take hold, causing family to behave irrationally.

This can be detrimental to not only relationships amongst the family, but also cause the probate to stall. Familial conflicts stand to cause probate proceedings to take longer than they have to. A probate lawyer in Arlington, TX can help the executor and heirs to manage conflict before it becomes much larger than it needs to be.

For an Efficient Probate Process
Most executors do not have as vast of a knowledge base regarding the probate process as our team at Brandy Austin Law Firm, PLLC. Because of this, probate may take longer, especially for someone without legal counsel. An executor may be left to navigate the inner workings of probate alone, which, in some cases, may result in delays. We can assist in overseeing probate proceedings by guiding you through the process and mitigating complications that may arise.

The period of time following the loss of a loved one can be challenging to face. Managing a loved one’s estate can come with added stressors, especially when faced with the probate process. A probate lawyer in Texas can help you navigate this complicated aspect of the passing of your loved one during a time that may be filled with grief.  

Is probate necessary?

Any assets the decedent owned at the time of their death must pass through probate unless the assets named a beneficiary. These types of assets include:

  1. Retirement accounts
  2. Bank accounts
  3. Real estate titled jointly

Using a named beneficiary for these types of accounts will pass that asset directly to the heir upon death. The rest of the assets, however, must pass through probate. These include:

  1. Cars
  2. Family heirlooms
  3. Artwork
  4. Furniture and other household items

All of the assets your loved one owned at the time of their death will need to be distributed to heirs, sold to pay debts, or donated. This requires the experience of a Arlington TX, probate lawyer to help guide you through the process. As an Arlington TX, probate lawyer, we have the experience you need to guide you through the complexities of probate and make sure you complete all of your duties correctly.

Who is involved in probate?

There are many different people involved in the probate process. These include:

  1. You or someone else serving as the personal representative
  2. The Clerk of Court
  3. A judge
  4. Your probate attorney
  5. The IRS

Reading the “IRS” might concern you, but part of probating an estate is paying final income taxes. Don’t worry, we’re here to help. An Arlington TX, probate lawyer will be happy to guide you through the probate process, you can rest assured your loved one’s estate will follow the guidelines set forth.

General Probate Process & Responsibilities of an Executor

Arlington Probate AttorneyWhen an Arlington Probate Attorney at the Brandy Austin Law Firm hears the words “Simple Probate” many things run through their heads. In generally speaking of the Probate Process, an Arlington Probate Attorney at the Brandy Austin Law Firm advise many individuals that are not aware that there are in fact several types of Probates and each type of Probate has different filings that need to occur with the Tarrant County Courts and surrounding counties.

The Typical Tarrant County Probate Process that Brandy Austin Law Firm is speaking of today is that of a Simple Tarrant County Probate. The Typical Probate process consists of an Original Will with a Self-Proving Affidavit attached to the Will. This type of Will enables the attorney to prove-up the Will more easily and less complicated for the Arlington or surrounding counties clients as well. Without having this type of will, additional disinterested witnesses (people not benefiting from the Estate) and also the subscribing witnesses of the original signing of the Will have to come to the hearing and testify.

When having a simple valid Will, the Tarrant County Probate Process of an Estate is more easily flowing and aside from cheaper costs of Probating the Will, the protocols and deadlines are similar in the typical Probate process. At the Brandy Austin law Firm located in Arlington, Texas we strive to assist our clients in filing the appropriate documents with the Tarrant County or surrounding Counties correctly the first time of filing.

Once you have established your witnesses, Oaths, Orders, and Proofs that have to be prepared by your Arlington Probate Attorney you have three mandatory deadlines that are expected from the Tarrant County Courts. After the prove-up hearing where the client has been sworn in as the Executor or Administrator of the Estate, the first deadline to be completed within thirty (30) days consists of notifying all the heirs of the Estate. Most of the time this is an easy process; however, sometimes you have heirs that need to be located and this could be time-consuming. Once the heirs-at-law have been identified the Arlington Tarrant County Probate Attorney will prepare an official Notice and file with the Courts.

The second deadline is to Notice the Creditors that again your Arlington Attorney at the Brandy Austin Law Firm has to prepare and file with the Courts. The Arlington Probate Attorney also has to prepare an Affidavit of Compliance and file with the courts to avoid any penalties against the client and or Estate. This is the step to officially notify any creditors against the Estate. A benefit of hiring a Probate Attorney from the Brandy Austin Law Firm is that the Probate Attorney has the authority to negotiate these claims for the heirs-at-law and is able to lower if not dissolve the debt in its entirety.

The most important deadline for a typical Tarrant County Probate or surrounding county probate is the preparation and filing of the Estate Inventory. This can be a complicated process due to how large the Estate is let alone how to divide the assets accordingly. If the Inventory is not filed within ninety (90) days from appointment as Executor or Administrator or a Motion for Extension is not filed the Courts can penalize a client for delay by making them pay a fine. Therefore, it is imperative that the client(s) always communicate with their Probate Attorney at the brandy Austin Law Firm, paralegal and requests from the Firm.

Once the Inventory has been filed with the Courts, the Order Approving the Inventory has been signed by the Judge, the Arlington Probate Attorney at the brandy Austin Law Firm can then begin to assist with the division of assets to the heirs-at-law. This too can be a complicated process due to Receipts of Devise and preparing the correct Affidavits and Receipts of Devise to ultimately excuse the Executor or Administrator of their duties and responsibilities. As an Executor or Administrator, they have been appointed by the Courts and are ultimately reliable and held accountable for all assets from the Estates. The Brandy Austin Law Firm located in Arlington, Texas strives to be fair and equitable when it comes to all asset divisions down to the last penny. The Brandy Austin Law Firm clearly do not want any bad faith claims or accusations towards our client’s or the Estates that the Arlington Probate Attorneys handle. We strive to achieve all deadlines prior to the actual demand for them, and to assist our clients with the most effective knowledge and preparation of the Arlington or Tarrant County Probate processes. Without having the knowledge to prepare for the demanding deadlines, filing of appropriate Motions and Orders to the Courts has proposed several penalties against the clients. At the Brandy Austin Law Firm, located in Arlington, Texas serving surrounding Counties with Probate matters; we get it right the first time.

At the Brandy Austin Law Firm located in Arlington Texas, we thrive at informing our clients as to what their Responsibilities as an Executor is within the Tarrant County Probate Courts and surrounding counties.

Majority of people believe that after they attend the hearing appointing them as Executor or Executrixes of an Estate that the responsibility of the Executor ceases with receiving the Letters of Testamentary. The responsibility simply begins with swearing in the Administrator and the legal responsibility of administering the Estate officially commences.

Some of the responsibilities of the Executor are to notify of all the heirs that are to be a recipient of the Estate. This task alone can prove to be difficult at times when families drift apart through the years; however, the Executor has a fiduciary duty to notify all heirs at law and may even have to post an announcement in the local newspaper. Your Arlington Probate Attorney at the Brandy Austin Law Firm will assist you in meeting all scheduling deadlines.

After notifying all heirs and providing them with copies of the will if there is one, the Executor then has to notify all the creditors of the Estate by official publication. Once notice has been published, the Executor has to then begin to negotiate the outstanding bills that are against the Estate. With the assistance of an attorney, the debtors are more than likely able to accept a reduction of the balance owed by the Decedent. Our Arlington Probate Attorney negotiates on behalf of the Executor and has to keep a record of all funds paid on behalf of the Estate. The Executor has the final approval and must authorize payments to all creditors. The attorney then must keep a ledger of all payments paid and include them within the Inventory for the Courts approval.

With the help of your Arlington Probate Attorney, the Executor then must complete an Inventory, Appraisement and list of Claims due and owing for the Estate. The executor must Inventory all items of the Estate including real property and even personal items of the Decedent. Most Estates you are able to waive an appraiser; however the Executor is responsible for inventorying the entire Estate.  The purpose of this is to obtain the total value of the Estate so that the funds can be distributed to the heirs at law or the heirs that are listed within the Decedent’s last will and testament.

Once the Inventory has been investigated and approved by the Tarrant County Probate Judge; the Judge will then sign the Order Approving the Inventory. After this occurs the Executor then has the ability to begin distribution of the Estate. The Executor must provide the beneficiaries with copies of the Inventory and have the attorney draft receipts for the division of either property or funds that the beneficiary is to receive. All beneficiaries must sign for the acceptance of funds in order to relinquish the Executor from its duties.

After all funds have been distributed and the receipts have been filed with the Courts the Executor may now file to close the Estate. In order to officially close the Estate, all receipts for division of property must be filed, and all beneficiaries must receive Notice of Closing the Estate. The beneficiaries must sign a receipt of receiving Notice and relinquish the Executor from the Estate. If all notices and receipts have been filed accordingly to the Estates Code, then the Estate will officially within thirty (30) days after the last filing as been submitted.

The Executor is bound by the Courts and obligated to fulfill all duties of the Estate. If the Executor does not comply accordingly, then a dispute or a contest can arise from lack of maintaining the fiduciary duty to the Estate. The Executor must distribute all assets in accordance to the Last Will and Testament and if they do not then they are subject to removal as the Executor and can even have a lawsuit filed against them for misconduct, or even fraud. Why Brandy Austin Law Firm? Our award-winning lawyers aim to make the process as smooth and easy as possible so that our clients can focus on grieving the loss of their loved ones rather than on tedious paperwork and fighting over assets. We act with empathy and understanding whilst remaining professional, objective and efficient during times when you may not be able to do the same. Years of experience and countless awards have proved each of our attorneys to be a probate lawyer Arlington, TX clients can count on to lead them through difficult times and to protect the wishes of the deceased and ensure that they are given effect. Why do you need a probate lawyer in Arlington, TX? Probate law is complex and varies from state to state. Therefore, it is crucial that you hire a probate lawyer Arlington, TX licensed and experienced who can help you to understand the intricate probate laws so that you make sure your wishes are properly given effect to. Without a will, your estate can be distributed according to default laws. If you execute a will but do so without qualified legal assistance, you may use terminology that leads to unexpected legal interpretation and effects. This would mean that your estate could be distributed according to default legal rules rather than your own wish or desire. Loved ones may be excluded from inheriting from your will simply because of a default legal rule. To take charge of the future of your assets and make sure that no-one decides how they are distributed apart from you, you need a qualified Arlington probate lawyer to guide you through the process. No-one likes to think about their own passing, but the truth is that we will all pass on one day. Hopefully, it happens peacefully and naturally after a long and happy life. Sometimes, however, it can happen more suddenly or unexpectedly. The reality is that we never know for sure when our time will come. That is why it is best to be prepared for any situation so that you know that however you leave this world, your wishes can be given effect. Apart from wanting to make sure that your wishes are given effect after your passing and your estate is distributed as you want it to be, there are other important reasons to hire a qualified Arlington probate lawyer. After one’s passing, one’s loved ones are left in a state of grief and sorrow; sometimes accompanied by shock and disbelief. This pain and emotional distress is often heightened by the further stress of having to deal with the probate process. If you have not clearly expressed your wishes for the distribution of your estate, your heirs may have to embark on litigation in order for the distribution to be determined according to default legal rules rather than your express wish. This can cause conflict amongst your heirs and add to the trauma which they are already facing. They can be bombarded with paper work, legal expenses and an emotionally painful process of having to prove their claim to your estate or disprove another’s. This type of situation can create lasting family feuds or split up families altogether. To avoid leaving your loved ones in this kind of traumatic and conflict-ridden situation, take the responsible choice and hire a qualified and compassionate probate lawyer Arlington, TX residents can rely on to protect their wishes. 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.