Houston
Estate and Probate

Guardianship is a complicated issue that provides protection for those who could be vulnerable to exploitation, neglected, or become a victim of abuse. Vulnerability is usually determined on the basis of age or a disability. A minor child or someone whose capacity is limited by old age could be in need of a guardian. Guardianship is generally categorized into two different forms:

• Guardian of Their Person: This is someone who is responsible for overseeing the care of a person, particularly their health and welfare.
• Guardian of Their Estate: This is someone responsible for managing the financial resources and interests of someone who is, for whatever reason, not able to do so themselves.

Guardianship can be an issue after someone passes away who was responsible for the care of their minor children, elderly parents, or someone with a disability. The issue of guardianship could also be addressed in other cases, such as when someone is seeking guardianship over an adult with a disability or elderly parents.

One of the most important aspects of the estate process is the administration of the estate. This could mean the administration of wills and the probate process, trust administration, or both. Administration is one of the critical services that we offer to our clients at Ford + Bergner LLP.

Most people have very little, if any, experience with the administration of estates in any form. However, these are complicated processes and, because they are governed by the law, must be done properly. Any mistakes or other issues could lead to unnecessary delays and other potential concerns. The experience of a lawyer in helping with administration can be critical to ensuring that the process goes as smoothly as possible.

Unfortunately, as much as one might wish that a death would bring a family and loved ones together, this is often not the case. There are often significant assets involved when someone passes, and it’s possible for the deceased’s estate plan to differ from a family member’s expectations. There are also times when, despite the clear instructions of the deceased’s estate plans, someone may believe that they are owed more than they received.

A solid estate plan can help reduce the risk of probate litigation and potentially lessen its impact. However, there is no way to guarantee that legal disputes will not be a possibility. There are other times, particularly in high-asset cases, when litigation is very likely.

Probate, trust, and guardianship litigation stands apart from other legal fields. It frequently requires specialized courts in larger jurisdictions dedicated to these specific aspects of the law. Given its unique nature, it’s essential to collaborate with a legal team that possesses extensive knowledge and substantial experience in these matters, like the seasoned estate and probate attorneys at Ford + Bergner LLP.