When an individual drafts a will, the person expects that the legal document sufficiently outlines one's wishes for an estate after death. In many cases, families can follow wills without incident. Sometimes circumstances raise questions about the validity of the...
Probate
How long will it take for me to receive my inheritance?
Your heirs likely want the probate process to be completed quickly. The quicker the process is completed, the quicker they receive their inheritance. But just how long does it take for the probate process to be completed? Beginning the probate process Under Texas law,...
How to start probate in Texas
When a loved one passes away, you will face difficult emotions and questions. What do you do? How do you pay for the funeral? What did your loved one want? Hopefully, your loved one has an estate plan because their will answers these questions. Though, even if so, you...
What property goes through probate?
As people go through the estate planning process, they may execute a will, but that document only states the wishes of the deceased, it does not actually distribute the property. The personal representative is responsible for distributing the property and closing the...
Is your estate plan set up to withstand probate litigation?
One goal of many estate plans is to keep as much property as possible out of the probate process. For instance, some plans put property in a trust, so that it can be distributed to beneficiaries without the need to go through probate. It's also important to minimize...
How are a creditor’s claims handled in Texas probate?
Like other states, Texas has a process through which a creditor may file a claim against the probate estate of someone who has died. The point of the process is for a creditor to collect a valid debt that otherwise would go unpaid. It is not just people who are owed a...
What is an application for determination of heirship?
The estates of Texas residents who die without a will must go through the probate process, which involves distribution of property to heirs. However, what happens if you do not know who the heirs are, or how much property each should receive? This type of situation...
What are a personal representative’s responsibilities in probate?
It is important for people in Texas to have wills so their property and possessions go to the people that they want to have it after they pass away. However, the will simply states the wishes of the decedent on a piece of paper. The will itself does not actually...
Why would a will be challenged?
Many people in Plano have spent the time to create their estate plan. A will is often part of an estate plan because it allows a person to dictate where they want their assets to go when they die. Most of the time the probate process of settling an estate goes well...
The Limitations of an Affidavit of Heirship
We often get calls asking about Affidavits of Heirship, and if they are a good alternative when a loved one dies without a Will. Affidavits of Heirship can be a tempting alternative to instigating a probate proceeding because of the substantially lower initial cost,...