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Heard & Smith, L.L.P's estate
planning attorneys have helped many clients make critical decisions
regarding their future, or the future of a loved one. Our planning
strategies have helped many families move smoothly through the probate
process. While the death of a loved one is always difficult, the
probate process need not be. With proper planning, you can prepare for
the possibility of disability and ensure that upon your death, your
assets will pass according to your wishes. Heard & Smith, L.L.P.
has the credentials, the experience and the expertise to counsel you
in the important matters of trust and estate planning, probate (with
or without a will),
guardianships and other legal concerns.
What is probate? Probate is the
process of transferring the property and belongings of a person who
has died to their heirs. Despite what you may have heard, probate does
not need to be lengthy, expensive or complicated. In fact, probate is
not even mandatory in Texas. However, the probate system is intended
to help heirs and beneficiaries clear title to assets as easily as
possible, and to prevent false claims against the decedent's estate.
Many banks and other institutions will not release funds and assets to
the heirs of the decedent account owner without a probate order which
protects them from liability.
Texas was one of the leaders in
simplifying the probate process and offers a wide range of choices for
settling decedent's estates. Nearly eighty percent of Texas probate
cases are handled through Independent Administration which requires
only one court hearing and the filing of an inventory of assets.
Probate through independent administration can usually be completed in
less than three months if the Will is properly drafted and explicitly
specifies independent administration. On the other hand, when a person
dies without a will, one of the most burdensome forms of probate known
as court supervised dependent administration may be required. In this
process, the administrator of the estate can take little action
without the express approval of the court.
As experienced attorneys, we are
prepared to handle
inheritance issues from ranging from routine
probate to complicated litigation. There are six different ways to
probate a will and many more methods when a person dies without a
will. We always look for the simplest and most economical method to
meet your family's needs. Occasionally, wills are contested. We are
experienced in handling will contests in the trial courts and in the
appellate courts.
We have also seen poorly drafted
Wills that lack important components. This situation most frequently
occurs with handwritten Wills, or Wills derived from computer software
programs. There may be no provisions for taxes, or state-specific laws
are overlooked, or the estate situation is too complex for the
software program. Since Texas' laws come to us from Spain and Mexico,
many of the computer programs written for most other states simply do
not meet the requirements of Texas law. Heard and Smith's
comprehensive experience enables us to resolve these difficult
situations.
The Heard & Smith firm has helped
many clients with probate and estate administration by filing the
necessary pleadings, preparing the documents required under Texas laws
and handling any tax-related issues. We also work with beneficiaries
to help them understand and comply with appropriate laws. Our
experience enables us to effectively and sensitively counsel the
decedent's survivors and beneficiaries during their period of
adjustment.
An experienced estate planning and
probate attorney can reduce any complications associated with the
probate process. Many clients have invested the time to educate
themselves on estate planning, risk management and wealth
preservation, and merely need a consultation or answers to their
questions. Others have more complex situations and need help in more
sophisticated estate matters. Whatever your situation, Heard &
Smith can confidently guide you through the transition process and
help you address the future. Please contact our attorneys today at
(210)820-3737 or toll-free at (800)584-3700 to discuss your situation.
We are also available via email at info@heardandsmith.com.
Attorneys
practicing:
Mark Stanton Smith
Click
here for more information on our attorneys.
For more information about Probate in Texas, please see:
Probate FAQs
Articles: Wills and
Probate
Articles: Independent
Executor
Estate Planning & Probate Links
Estate Planning Glossary
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