Probate & Estate Administration
PROBATE AND ESTATE ADMINISTRATION We help clients during particularly difficult times after losing a loved one. Having to deal with such tasks as sorting through the deceased person’s property and accounts, figuring out the amount of any debts, and making distributions to the beneficiaries, can become overwhelming. We understand, and we can help. Our Houston probate attorneys can guide you through the steps you must take if you find yourself in charge of a deceased person’s estate. What is Probate? Probate is the judicial process where a court appoints a personal representative or an executor to manage a decedent’s assets, pay any of decedent’s debts, and transfer legal title in the remaining property to the beneficiaries or heirs of decedent’s estate. Generally, probate administration is a fairly efficient process in Texas. However, situations can arise where the process becomes complex, such as when a person dies without a will, or when complex family situations cause added stress and complexity. We know this process and have represented individuals and corporate personal representatives in courts all across Texas. We handle non-contested and contested probate matters for estates of varying sizes and complexities. Some of the common questions we are asked during
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What is Trust & Estate Litigation?
Trust & Estate Litigation Trust and estate litigation is an area of the law involving disputes arising from questionable wills, wayward trustees, disgruntled beneficiaries, and self-interested trustees. While these cases can be complex and full of intricate details, the attorneys at the Heights Law Group have the experience and the capabilities to help you resolve the matter efficiently. We routinely represents clients in the following kinds of litigation: Will Contests (both defending the validity of a will and advocating for the will’s defeat); Lawsuits defending Executors and Trustees; Lawsuits alleging claims against Executors and Trustees; Trust Modification Actions; Trust Termination Actions; Lawsuits Relating to Abuses of Powers of Attorney; Lawsuits Seeking Removal of Executors and Trustees. These cases can easily become emotionally charged affairs. Typically the participants in the dispute are deeply invested from an economic and emotional standpoint. We understand the dynamics at play, and we take care to ensure that our clients maintain a healthy balance during the pendency of the case. The Heights Law Group believes that helping our clients anticipate the legal issues and understand the factual nuances leads to a smoother and less emotional process for all. Contact us or Call us today at
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What documents are part of an Estate Plan?
An estate plan is important because it can (1) protects your family from overpaying taxes, (2) protect your heirs from themselves and from creditors, and (3) protect young children in the event of a tragedy. Some of the documents that we use to create your custom estate plan include: Wills Revocable trusts Spousal lifetime trusts Family bypass trusts Durable statutory powers of attorney Medical power of attorney Directives to physicians Declarations of guardians in event of later need Declarations of guardians for children Your Last Will & Testament Your last will and testament is just one part of a comprehensive estate plan. If a person dies without a Will they are said to have died “intestate” and state laws will determine how and to whom the person’s assets will be distributed. A will allows a person to specify how they would like their assets to be distributed, and protects those assets from unnecessary taxes or claims. Some things you should know about wills: A will has no legal authority until after death. So, a will does not help manage a person’s affairs when they are incapacitated, whether by illness or injury. It does not help an estate avoid probate.
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Wills vs Trusts: Which Is Right for You?
Do you have questions about whether to use a will or at trust? Contact the Heights Law Group to get your questions answered today. Call 713-931-1111 or send an email to info@heightslawgroup.com
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Surviving Spouse Rights in Texas
What Are Surviving Spouse Rights Under Texas Law? In order to preserve surviving spouse rights in Texas, a surviving spouse must adhere to certain time deadlines provided by statute. The failure to meet one of the probate deadlines can cause a surviving spouse to lose one or more spousal entitlements. What if a Spouse Dies Without a Will In Texas? When an individual dies without a will, intestate succession law will govern. Under Texas law, a statutory framework determines how a decedent’s estate will be distributed. This is referred to as Intestate Administration. If a spouse dies without a Will, the surviving spouse receives an intestate share determined by Texas law. The amount of separate property real estate, personal property, and community property inherited by the surviving spouse depends on if children, parents, and siblings survive the decedent. Does a Surviving Spouse Have to Make An Election? Texas is a community property state. There is NO right of election. A surviving spouse owns one-half of the community interest without restrictions. See Tex. Fam. Code. 3.002. In the event the decedent attempted to dispose of more than his or her share of the community property by a will, the surviving
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