Dallas Probate Attorney

Probate is a particularly complex area of the law, which can be overwhelming to navigate. After losing a loved one, it can be incredibly difficult to go through the probate process while grieving. At Ford + Bergner LLP, our Dallas Probate lawyer team is here to support you with all legal matters related to probate. Call a local Dallas Probate lawyer from our firm today at 713-260-3926 or send an email.

Fulfilling Your Probate Duties And Settling An Estate Accurately And Timely

“Probate” is simply the legal process by which a deceased person’s estate is administered.  The administration of the estate involves identifying all of the estate assets, paying off the debts, and distributing the remaining assets according to the terms of the will or according to Texas law if there was no will.  In Texas, the vast majority of estates are handled through the probate process. 

When someone passes away without a will, Texas law determines how the assets will be divided.  In those cases, the probate process is considerably more complicated than in cases where the person passes away with a will.  The Court will be required to not only determine who should administer the estate, but it will also have to apply Texas law to determine who is entitled to the assets of the estate. 

Whether someone passes away with a Will or without, the attorneys at Ford + Bergner LLP have vast experience in assisting clients through the probate process. 

Different Methods of Probate in Texas

Texas has multiple methods available for handling the probate of a deceased person’s estate:

1. Dependent Probate Administration: The default rule in Texas requires that an estate be subject to a dependent probate administration, meaning the estate is dependent upon court supervision for everything that happens during the administration.
2. Independent Probate Administration: In contrast, Texas allows for an independent probate administration, which occurs in the vast majority of cases. An independent probate administration is free from most court supervision and is generally more efficient and less costly than a dependent probate.
3. Muniment of Title Probate: A third method of probate is known as a “muniment of title” probate, where the court recognizes a will as valid but does not need to appoint an administrator of the estate

Understanding Executor or Administrator Duties

Anytime someone is appointed as the executor or administrator of an estate, they have certain duties they must fulfill to satisfy the Court requirements.  Among those duties are the following:

• Create a thorough inventory of assets
• Account for debts and other liabilities of the estate
• Resolve any claims of the estate against other parties
• File a final income tax return and pay any necessary taxes
• Distribute assets to designated beneficiaries in the Will or to those people determined to be heirs if there is no Will.
• Partition land, if necessary

Even in uncontested probate cases, the executor or administrator must ensure that they fulfill their duties correctly. Failing to do so can create liability for them. The best protection for ensuring that an executor or administrator has fulfilled their duties correctly is to seek counsel from experienced, thorough probate attorneys. 

An estate is settled and closed when all legal requirements have been fulfilled and assets have been distributed. The path from someone’s death to that end goal can seem difficult to navigate, but a timely resolution is obviously in the best interests of all concerned. Texas law requires executors and administrators to retain competent legal counsel throughout the entire time they serve on behalf of the estate. 

Understanding that the probate process always involves the difficult loss of a loved one, our Dallas probate lawyers offer compassion and efficiency, ensuring your loved one’s estate is managed and settled with the utmost care and professionalism. 

The Importance of Hiring a Probate Lawyer in Dallas

Probate, the process of handling and administering the estate of a deceased person, can be overwhelming for those who have just lost their loved ones. Whether you need help with managing the estate of a loved one or handling disputes, a local Dallas probate attorney from Ford + Bergner LLP can protect your family’s legacy.

If a loved one has recently passed away, a dedicated probate attorney from our firm can provide critical support in the following areas throughout the probate process:

• Reviewing the will. An experienced attorney can review the will to ensure it has been validated and is an accurate reflection of the desires and intentions of the deceased individual.
• Bringing on an executor. A skilled lawyer can provide support during the process of appointing an executor to oversee estate administration.
• Understanding assets available. As part of the probate process, all assets in the estate must be logged and accounted for. A probate attorney can ensure all assets are included in these calculations.
• Settling debts on the account. An attorney can ensure all debts and taxes are paid on the estate before assets are administered. They can be sure the minimum requirements are paid off to protect the estate while maintaining compliance with the law.
• Administering assets. A probate lawyer can help with distributing the assets in the estate to the specified beneficiaries as outlined in the will.

Services Our Dallas Probate Lawyers Offer

Whether you are early in the estate planning phases or have just lost a loved one and are trying to administer the estate, a lawyer from our firm is here to assist you. We can support you with the following:

• Planning your estate. We can make the future probate process easier for your family by supporting you with creating trusts, wills, and other documents associated with the estate planning process. Trusts may allow you to bypass probate completely.
• Managing lawsuits. If litigation has arisen due to conflicts regarding the administering of an estate, an experienced probate litigator from our firm can fiercely advocate on your behalf to yield optimal outcomes.
• Navigating guardianship. A lawyer from our firm can help you understand how to navigate the guardianship of minors or incapacitated individuals according to a comprehensive estate plan.
• Administering trusts. A legal professional from our firm can ensure your loved one’s assets are administered according to the guidelines outlined in their trust.
• Administering probate. If your loved one’s estate has to go through the probate process, a Dallas probate lawyer from our firm can ensure everything goes smoothly. We can submit the required documents on time and advocate for probate to be administered in the interest of your deceased loved one.

How a Local Dallas Probate Attorney Can Assist You

By hiring a knowledgeable Dallas probate attorney, you can reduce the stress associated with the probate process and focus on recovering from the loss of your loved one. At Ford + Bergner LLP, a Dallas probate lawyer from our team offers the following:

• Tailored legal advice. An empathetic lawyer from our firm can work closely with you to understand your end goals and the details of the estate in question. We can leverage our deep knowledge of local and state regulations to provide key legal counsel on how to move forward with the probate process.
• Proactive case management. A Dallas-based probate lawyer can anticipate legal challenges before they occur, making the probate process smoother and avoiding unnecessary complications.
• Dispute management. If a conflict arises over how certain assets in the estate should be administered, or if parties with bad intentions are trying to collect debt from the estate, a lawyer from our firm can leverage conflict resolution techniques to negotiate a fair and just solution.
• Family asset protection. Our legal team can fight to ensure the interests of your loved one’s estate are protected. We understand the hard work that goes into creating and expanding a financial legacy, and we strive to help your family preserve what is yours.
• Administrative support. The logistics and bureaucracy associated with the probate process can be exhausting and overwhelming. A compassionate probate lawyer from our firm can handle the administration, submit adequate paperwork, and ensure the estate is administered according to the applicable state laws.

A Breakdown of The Texas Probate Process

Although the probate process in Texas can be convoluted, involving multiple steps and interactions with various stakeholders, an experienced lawyer from our firm can break it down into manageable steps. We can help you from start to finish, supporting you with the following:

• Submitting a petition. An experienced attorney can assist with submitting a petition to the local court to open the probate case.
• Involving beneficiaries and creditors. After the probate case is opened, all heirs and creditors will need to be notified within a certain period of time. An experienced attorney can ensure this is done swiftly and correctly.
• Accounting for all assets. All assets must be adequately accounted for and logged. An attorney can assist the executor with compiling a comprehensive inventory of all assets and property under the name of the deceased individual.
• Settling outstanding debts. An attorney can assist the executor with paying off all liabilities, such as debts and taxes owed by the estate. They can ensure that unnecessary liabilities are not paid to predatory creditors, protecting the assets and interests of the estate.
• Administering estate assets. After all outstanding liability issues have been resolved, the estate must be administered to the stated beneficiaries as directed in the will. A skilled lawyer can assist with ensuring assets are distributed according to the desires of the deceased.

If the decedent left no will, the process will look a bit different. Their assets will need to be distributed according to intestate succession laws. Distribution will vary depending on which of their relatives are still living.

Issues Commonly Encountered During Probate

As the probate process is complex, and many different stakeholders involved have their own interests and obligations, it is not uncommon for conflicts and issues to arise. An experienced probate lawyer can help you navigate the following:

1. Will Contests: One of the most frequent issues is a will contest, where someone challenges the validity of the will. This could be due to allegations of undue influence, fraud, lack of testamentary capacity, or improper execution.
2. Intestate Succession: If there is no will, or if the will is deemed invalid, the estate will be distributed according to Texas intestate succession laws. This can lead to disputes among heirs who may disagree with the statutory distribution.
3. Executor Disputes: Conflicts may arise regarding the executor’s actions or their suitability to serve. Heirs or beneficiaries may feel the executor is not managing the estate properly or fairly.
4. Mishandling of Funds: If the executor appointed by the will is not handling the funds in the trust or estate according to the deceased’s directives, an experienced attorney can intervene to protect the interests of the beneficiaries and ensure proper management.
5. Asset Identification and Valuation: Identifying, locating, and valuing all the decedent’s assets can be challenging, especially if the records are incomplete or unclear. This is critical for a fair distribution.
6. Debt and Creditor Claims: Settling the decedent’s debts can be problematic. Creditors must be notified and their claims verified and settled, which can sometimes lead to disputes over the validity of certain claims.
7. Tax Issues: Dealing with federal and state taxes, including estate taxes, can be complex. Executors must ensure that all tax obligations are met, which may involve detailed accounting and sometimes disputes with tax authorities.
8. Family Disputes: Emotions run high during probate, and family members may disagree over various aspects of the estate, from the interpretation of the will to the distribution of assets.
9. Non-Probate Assets: Determining what assets are subject to probate and which are not can be confusing. Non-probate assets such as those held in joint tenancy, life insurance policies, or retirement accounts may require special handling.
10. Statutory Deadlines: Texas probate law has specific deadlines for various filings and notices. Missing these deadlines can cause delays and legal complications.
11. Legal and Court Fees: The cost of probate, including legal fees and court costs, can be significant and may lead to disputes among beneficiaries about the necessity or amount of these expenses.
12. Multiple Jurisdictions: If the decedent owned property in multiple states or countries, probate may need to be conducted in each jurisdiction, complicating the process and increasing the potential for legal issues.
13. Fiduciary Duties: Executors and administrators have fiduciary duties to the estate and its beneficiaries. Breaches of these duties, whether intentional or accidental, can lead to legal action.

At Ford + Bergener LLC, our Probate Litigation Attorneys in Dallas provide comprehensive legal support to clients dealing with probate litigation. We address and resolve various legal disputes that arise during the administration of an estate. Our Dallas Probate Litigation Attorneys offer experienced guidance and representation to clients facing probate litigation. By addressing and resolving legal disputes during the administration of an estate, we help clients navigate the process effectively, ensuring that the decedent’s wishes are respected and the estate is handled in accordance with Texas law.

How to Avoid Probate in Dallas, Texas

In some cases, it is possible to avoid going through the probate process. As probate is public, avoiding the process altogether can help keep your financial assets protected and confidential.

Individuals can also save on significant court fees and other expenses associated with probate by bypassing the process. Furthermore, probate can take a significant amount of time, so avoiding it ensures quicker administration of assets and reduced stress.

The attorneys with Ford + Bergner can help you leverage critical estate planning legal tools, including a living trust, to facilitate an automatic transfer of funds to living beneficiaries and avoid the probate process. When you work with an experienced Dallas probate lawyer from our firm, they can work to find an effective solution that meets your unique estate planning goals. 

Contact a Dallas Probate Lawyer From Ford + Bergner LLP Today

If you have recently lost a loved one and are now facing the probate process, you do not have to navigate it alone. When you consult with a dedicated probate lawyer from our Dallas-based law firm, we will work closely with you to understand your case details and goals. Our team understands how difficult probate can be, especially while grieving a family member’s loss. We take care to treat clients with compassion throughout the legal process. Get started today by calling 713-260-3926 or sending an email.

Additional Resources

Guardianship Litigation In Texas