Avoiding probate is a common goal in estate planning. Probate is the legal process of distributing a deceased person's assets under court supervision. It can be helpful to understand the benefits and drawbacks of bypassing this process. Benefits of avoiding probate...
Guiding You Through Complex Legal Matters
Guiding You Through Complex Legal Matters
Probate
Frequently heard misconceptions about probate
Probate is the legal process of settling individuals' estates after their passing. However, many people have misconceptions about probate, leading to unnecessary concerns and confusion. A will avoids probate Fewer than half of U.S. adults (46%) have a will, but many...
What can make probate last longer?
Probate may seem at first like a short procedure. However, in some cases, probate can turn into a lengthy and complex ordeal. Several factors contribute to the extended duration of probate, causing frustration and added stress for those involved. Incomplete...
Do bank accounts always go through probate?
If you become the executor for a deceased family member, you should know that you might not be in charge of every asset your relative owned. Some assets do not always pass through probate. You might wonder if a bank account is one of them. According to U.S. News and...
Do you need a small estate affidavit in your estate plan?
If you are in the process of estate planning, you may wonder whether or not to include a small estate affidavit in your plan. The role of this document provides a quicker, less costly means of distributing the deceased individual's assets when handling a small estate....
Who can challenge the will during probate?
Probate is a necessary legal process that ensues when an individual leaves behind a will following their passing. The probate court serves to confirm the validity of the will and appoint an executor who will oversee the distribution of the deceased's estate. The...
4 common probate mistakes to avoid
Probate is the legal process of administering the estate of a deceased person. It involves collecting and distributing the deceased’s assets according to their will, or if no will exists, distribution happens according to state law. Several common mistakes can prolong...
What does it mean to be an executor of estate?
When a loved one passes away, you might find yourself in the position of being the executor of their estate. This role comes with a lot of responsibility and you might feel overwhelmed by the gravity of legal pressure placed upon you. The executor is the appointed...
How to administer an estate in Texas
An executor is a person named by a testator in a will who must administer the estate. In Texas, you will go through the probate process to accomplish this. The probate process involves a series of filings to validate the will and provide information for the proper...
How to simplify probate in Texas
Probate is a complicated subject; however, Texas provides some valuable options for estate administrators. For example, according to Estates Code Ch. 402 Sec. 402.002, the executor may act as an independent administrator without the court’s approval. This means you...