Dallas Lawyers Handling Texas Probate Cases When A Will Is Involved
After a loved one dies, the deceased’s estate must be resolved. This includes identifying and appraising their assets, paying their debts and expenses, and distributing remaining probate assets to their beneficiaries. The Probate Court is charged with supervising this process. When the deceased had a last will and testament, the Court will ensure that the document is valid and instruct the executor to act in accordance with the terms of the document. In many matters the process can be straightforward. Probate can, however, be fraught with pitfalls and traps for the unwary. Texas residents can help ensure that the process goes smoothly by retaining qualified counsel. This ensures that assets end up where they belong – with the beneficiaries of the will. Our Dallas lawyers represent people throughout the state of Texas in probate administration and are able to offer assistance. Call our office today to speak with an attorney.
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Dallas attorneys assisting Texas residents with the process of probating a will
The probate process begins in Texas by filing a petition with the Court to establish the validity of a will. The petition can be filed by any interested party but is usually filed by the person designated as the executor. After the petition is filed, anyone who wishes to challenge the process, or otherwise dispute the will, may file their claims. If a challenge is not filed within the requisite time then the Court will not entertain the challenge and will move forward with the probate. This includes recognizing the will and beginning administration of the estate. The estate’s executor will be charged with inventorying the decedent’s probate assets. All debts and obligations will be paid out of the estate, to the extent possible, and remaining assets will be divided in accordance with the will. Having an attorney involved in the process can help to ensure that all formalities are followed and that the executor complies with their fiduciary obligations. If you need to initiate a probate, and a will is involved, then you should seek legal representation.
While many probate matters are straightforward, particularly when the decedent has a will, the probate process can become complicated. For instance, if a person’s will is presented to the Court and another beneficiary presents a different will that was executed more recently than the first, the Court must review the documents to determine which will is valid. Under these circumstances, potential beneficiaries under the first will may be treated differently or eliminated from the second will. Property distributions may be vastly different creating conflicting interests between family and friends. If the deceased changed their will shortly before their death then challenges may include claims that the decedent lacked capacity to make a change or that they did so under duress. Such disputes will likely involve various parties presenting evidence to the Judge or jury, including documentation, witness statements, medical expert testimony and more. All such evidence must be presented in accordance with Texas’ rules of evidence as well as other applicable rules of procedure. With so much at stake, it is imperative to retain experienced counsel to represent your interest throughout the process.
Our Dallas lawyers assist people in probate matters which involve a will. Once retained, we will quickly file your application with the Probate Court. We will work with you throughout the process to ensure that proper notices are given to all interested parties so that the probate can proceed without undue delay. We will aggressively represent you in connection with challenges to the will when such issues arise. We will stay in regular communication with you throughout the process and will be available to answer any questions or concerns you may have. Our attorneys take a team-based approach to handling such matters and this method helps ensure that no stone goes unturned in preparing your case for the process. We are ready to assist you. Contact our office online or by telephone to schedule an initial consultation. We also assist those in Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center.
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Texas lawyers assisting with the broader aspects of probate when a will is involved
Grieving family members and friends have a lot to deal with when a loved one passes away. We understand that the last thing on your mind at such a time is working through the probate process. This is especially true when unforeseen issues, such as will challenges, property disputes, or fiduciary breaches arise during the process. Our lawyers have experience dealing with the probate cases which involve such circumstances. We work hard to resolve these matters quickly so that our clients can move on with their lives. We treat our clients with the sensitivity and respect they deserve. Contact us today to speak with an attorney.
Price L. Johnson is a Certified Public Accountant as well as a lawyer. This background means that he pays a high level of attention to detail. In matters such as a probate, where it is important to ensure that every necessary step is meticulously followed, it is crucial to ensure that details are observed. Contact us today.