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Houston Probate Lawyers and Litigation

Probate encompasses the process of distributing the property (i.e assets) of a person after their death. During probate, a will is filed along with other probate documents and the court appoints a representative called an executor. To aid the executor, a probate lawyer may seek to obtain the necessary permissions to allow the executor access to bank accounts and other financial accounts.

Once an executor is appointed, he or 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 knowledgeable and experienced Texas probate lawyer. 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 easier.

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 assets improperly distributed. We help families manage and navigate the varied and complex legal processes associated with 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 often include real estate and funds. The administrator must rely 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. In many cases, 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 his or her assets after death. The Last Will and Testament is the vehicle that directs how to distribute real property, business interests and investments. An experienced estate planning 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 may be complicated. 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 hiself or herself, he or she may be found to be incapacitated. This may be the result of a brain injury, car accident injury or illness. In these cases, the 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 be resolved in the court system. If a trustee breaches his or her fiduciary duty, that issue may be resolved through the courts as well.

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 common 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 lack 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 make all attempts to resolve these types of matters outside of litigation. When litigation cannot be avoided, we are ready to protect your interests and bring a case to trial.

Contact us today

Awards & Recognition

Avvo Rating 10.0 | Superb
Houstonia | Top Lawyers

I have used Mr. Weaver on two occasions. The first case was a rather complicated financial real estate deal gone bad with a former partner. Through his dedication, he accomplished my primary goal and my secondary goal. He took my case to trial and won. I recommend him to all of those who need representation on such issues. Additionally, he also was a kind and understanding individual.

Houston, Texas

When my husband and I decided to expand our business and create a new charity organization in Houston, we sought out an attorney who was not only professional, knowledgeable, and timely, but also personable and accessible. Attorney Richard Weaver has exceeded our expectations in all of the categories that were important to us. It is so refreshing to have someone who listens and gives honest advice on how to conduct our business and personal affairs. Mr. Weaver has been with us every step of the way. He was there with us in the beginning stages and gave us advice on everything from becoming incorporated to website content! I love his attention to detail and ability to listen. When my father passed away in 2010, he was right there to walk us through the probate of his will. I felt an immediate ease once I placed those documents in Richard's hands because I knew he'd take care of it all. In all, we will be clients of Richard's for life because we never think twice of who we need to call when we need legal advice and/or services. We consider him a part of both our business and family because he has proven to be trustworthy and dependable. Thanks so much Richard for being more that we could've ever hoped for in an attorney!

Rodney Hampton (Super Bowl Champion, Former New York Giants Running Back)
& Andetria Hampton

Richard and The Weaver Law Firm have been very committed to seeing our case through to success. His diligence in discovery and superior litigation skills helped obtain a favorable award and a very favorable judgment. It's never a pleasant experience to be sued, but we sued back and won. We found a trustworthy attorney and a good friend throughout the experience.

Thai Klam
Remax 360

I would like to thank The Weaver Law Firm. After I was injured from a consumer product, The Weaver Law Firm helped me get compensation I deserved. I was very pleased with the quality, attentiveness and responsiveness of their services. I would gladly recommend this law firm to anyone who has a problem of any kind.

Kimberly Velez
Houston, Texas

It is with great pleasure that I recommend the services of The Weaver Law Firm. I have utilized the firm for over three years. Richard Weaver has provided legal representation crucial to my business. During these years, Richard has served us in various areas that include representing the company, business planning, company formation, litigation and court proceedings. He has a professional and personal commitment to my company. We consider The Weaver Law Firm an essential part of our business. It is our utmost true belief that he will provide the same high quality of service to you.

Richard Peinado, President
Peace of Mind Services, LLC
Houston, Texas

My company and I started working with the firm since the beginning of 2012. This is an honest firm, hard at work. We never had to hire a law firm prior to 2012, and we are not going anywhere else. Thank you, Richard. And thank you to all your staff for all the great help, service and attention to our needs.

Josué Munguía, President
Trinity Distribution, LLC
Humble, Texas

The Weaver Law Firm was highly professional, easy to work with and most importantly, time-sensitive to the clients' needs. During our lease negotiations, Richard Weaver was readily available and was very helpful in making progress to finalize the deal. I will recommend The Weaver Law Firm to my future clients and look forward to working with Richard again.

Richard E. Buxbaum, RADIUS Realty Advisors
Houston, Texas 77057

As a small business enterprise, it's important to have a good support network. The Weaver Law Firm is a valuable resource providing professionalism, expertise and reliability for my company. Whether it's contract review or filing with the state for corporate requirements, I know I can count on Richard and his team.

Enrique Cortez, President
Enitial Advanced Communications
San Antonio, Texas and Washington, D.C.

Richard Weaver and The Weaver Law Firm are very thorough and professional. They get the job done. I enjoy doing business with them. They explain everything in layman's terms and I would recommend this firm to anyone in the construction field. Thanks Richard!!

Terry Bynum, Owner
Able Paving
Houston, Texas 77205

My husband and I asked Richard Weaver to form a partnership agreement for a beach property when we were selling half our interest to another party. Richard did an outstanding job. He produced the necessary documents in a timely manner that thoroughly covered all aspects of our transfer of ownership. It was a pleasure to do business with such a professional and ethical firm.

Mary Ann Wosenitz
Houston, Texas

I have used The Weaver Law firm for quite some time. Richard's knowledge and experience have always helped me. He has also saved me plenty of headaches. He is always straightforward and honest. He clearly explains what my options are and always answers all my questions promptly. In the future, if I ever need someone to represent me, or advise me on my commercial lease contracts it's always going to be Richard Weaver. I always recommend his law firm to everyone I know.

Rafael Garcia, President
Sav-On Mattress Outlet LLC

Richard is a skilled, hardworking attorney who is passionate about his client's success.

Isaac W. Kyle, CEO
iCityCondo, Inc.

During the real estate boom, my wife and I invested in more than 10 houses in Houston mainly due to low entry prices and positive cash flow even though we lived in California. Naturally, we had to hire a property manager to take care of those houses for us. It was going fine for several months. But the property manager started sending money late and in the end, the property manager went in hiding after taking all of our rent income for several months. My wife and I decided to hire Richard Weaver as our lawyer after learning about his client reviews and background. At first, we did not know what to expect, but we didn't want to give up. We were not sure whether we would be able to recover anything. But Richard worked hard on our case and kept us informed during the process. Richard was wonderfully patient and understanding. Finally, to our pleasant surprise, he brought us a successful civil case when other lawyers had simply given up. His attention to detail surely helped win this case. On top of that, Richard is also very resourceful and worked within the budget we gave him. We can't say enough about the work Richard did on our behalf and highly recommend him for any real estate related legal matters.

and Hee
El Segundo, California

As a client of The Weaver Law Firm, I was extremely pleased with their services. In 2008, I sold my home in a short sell. The property transaction closed and title to the property passed to the new buyers. But the title agent/Esquire Title, LLC, failed to pay off the lien holder/lender, Wells Fargo. Evidently, Esquire initially tried to pay off the wrong lender. Before Esquire could or did pay Wells Fargo the new pay-off amount, the Texas Department of Insurance took over Esquire's operations, discontinued all residential real estate transactions being handled by Esquire, and froze Esquire's bank accounts. Thus, the funds intended to pay Wells Fargo were trapped in Esquire's bank account and never used to pay Wells Fargo. And Wells Fargo looked to me for payment. Wells Fargo sued me and the new owners of the property. After finding Mr. Weaver, he handled everything for me and kept me up to date on how the case was going. He was able to get a settlement showing that I owe nothing, which cleared me of all claims. Wells Fargo dropped their claims against me. It was reassuring to know that I had an attorney taking care of everything on my behalf. Mr. Weaver was very knowledgeable in real estate laws and looked out for my best interest. Thank you, Mr. Weaver.

Nikki Blaze
Houston, Texas

The Weaver firm efficiently handled some small business filings for me at a reasonable cost. I plan to continue to use the firm to meet my needs.

Joe Adams
Houston, Texas

Realtors are responsible for making real estate transactions run as smooth as possible, however, when there are problems, a real estate lawyer is necessary. For our family, Richard Weaver was just the lawyer for us.

I can safely say that Richard Weaver is a knowledgeable real estate lawyer from the point of drafting of the purchase agreement through and post closing.

Our issues involved environmental issues, seller disclosure and financing. Without Mr. Weaver's expertise, our situation could have been far more expensive to fix than if he had been involved post closing.

I now know that as buyers or sellers of real estate, people should consult an attorney before they sign the purchase agreement. This agreement spells out the terms of the transaction. By the time it is signed, it is often too late for the attorney to do anything about a problem with the real estate.

In our case we had already unknowingly signed a purchase agreement. Fortunately, Mr. Weaver was able to move swiftly and accurately towards resolution. He was able to lower the purchase price substantially and save us tens of thousands of dollars on the purchase of our dream home.

I liken hiring Richard Weaver to purchasing an insurance policy. When people wait until they know they need a lawyer, it is usually too late to find one. And if it isn't too late, it will usually cost much more to get a lawyer involved once the deal has gone awry. Many real estate transactions are time-sensitive and a responsive and attentive attorney can save the transaction or at least advise clients on the best options they have available.

In our specific case, we found Richard Weaver, who moved quickly and aggressively, charged fair attorney fees, and was able to make the fairest deal possible for our situation.

Believe me, in the future Mr. Weaver will review all of our real estate transactions beforehand. As a matter of fact, we found Richard Weaver to be so personable, intelligent and responsible. He is now our family attorney for all legal matters, which we may face in the future.

Jennifer Burke Tomball, Texas