Houston Probate Lawyers and Litigation

What is Probate? It is the system of process of distributing the property (i.e assets) of a person after their death. What does it involve? In these situations it involves filing a will along with other probate documents in order for the court to appointment a representative called an executor. We probate lawyer may also obtain Letters Testamentary so that the executor can gain access to bank accounts and other financial accounts. After the court appoints the executor, she can begin the distribution of assets. When a person dies intestate (i.e without a will), the court appoints an administrator. The Administrator manages the estate and determines what legal heirs inherit.

If a family member has passed away and you would like to know what to do next, contact a Texas probate lawyer that is effective and efficient. Pick one that is knowledgeable and experienced. The Weaver Law Firm is here to help you and your family obtain what is rightfully yours with efficiency. We understand that this may be a difficult time due to the loss of a loved one, which is why we work to help make the process a smooth one.

At The Weaver Law Firm, we can help in the areas of probate, estate and trust law. We can also help make sure that you understand the steps in the probate process. Probate law can be complicated, especially when the estate has been mismanaged or the distributed of assets improperly distributed. In these situations, family members may need the legal expertise. We will be glad to make sure that you are represented by an attorney with the skills to help you in the following areas:

Estate Administration. Estate administration is the system of process related to managing the affairs of a deceased person where the administrator distributes the assets which is often real estate and funds. The administrator often relies on evidence showing the true heirs. It is best to have the original written will to show who takes the property pursuant to the will. Often times, real property can be transferred without administrating the estate through the courts. Title companies often require an affidavit of heirship in order to engage in a closing and insure title.

Estate Planning / Preparing the Will. Estate planning is the process where a person plans how to distribute her assets after time of death. The Last Will and Testament is the vehicle that directs how to distribute real property, business and investments. An experienced will drafting lawyer may want to utilize measures to minimize death taxes and administrative fees, address the care and education of minor children and financial matters.

We understand that the details of an estate plan designed to achieve your goals may be complicated. It depends on the size of the estate and what he planner desires to do. One common concern for large estates is tax reduction and preserving wealth to pass on to heirs and benefit charitable organizations.

Guardianship. In certain situations where an adult cannot care for herself, she may be is found to be incapacitated. This may be the result of a brain injury, car accident injury or illness. In these cases, a court may appoint someone to make decisions for that person especially when finances are involved. Along the same lines, when a minor child does not have living parents, a guardianship may be necessary.

Trust Litigation. After there is a dispute over the terms of a trust or who are the beneficiaries, the disputes may have to resolve in the court system. If a trustee breaches her fiduciary duty, that issue may have to be resolved through the court system.

Trust Administration. Trusts are a way to help ensure that your property and personal finances are properly attended to after your death and that the assets pass where you want them to go. Many trusts are also motivated by tax considerations. Trusts can be created during a person's lifetime (such as a living trust) or established after death based upon the decedent's will (a testamentary trust).

Will Contests. Any person that claims an interest in an estate after the death of an individual may file a will contest. Reasons for a will contest may be the result of fraud, forgery, undue influence or failure to properly execute a will. Perhaps there is a challenge to the validity of the will or the assertion that there is a new will that revokes the prior will.

Breach of Fiduciary Duty. If the person managing the estate has breached a fiduciary duty, the beneficiaries of the estate may have the right to bring a breach of fiduciary duty claim. The executor and administrator of the estate have certain duties that they must follow. These special relationships exist so that the beneficiary of an estate or trust can be protected.

Estate & Probate Litigation. Estate and probate litigation is also known as a will contest. It is one or the more popular types of disputes related to probate. While we prefer to resolve matters outside of trial, sometimes resolving a dispute through litigation is the only way for resolution. On occasion, a person signs a will when they do not have the mental capacity or were unduly influenced. In these situations, family members may want to investigate if the will is valid.

Our Experience Can Work for You

Houston based, The Weaver Law Firm can provide legal representation in probate and estate matters throughout the State of Texas. The law firm aims to resolve probate, trust, estate and guardianship disputes economically and efficiently. We understand that this area of the law involves emotional and sensitive issues. For this reason, we find that they often should be resolved outside of litigation. When the time is right, we are ready to bring cases to the court room and take them to trial.