Probate Litigation Lawyer Near Decatur, TX
Texas probate statutes provide for both dependent and independent estate administration.
Probate law in Decatur, TX, sets parameters for both dependent and independent estate administration. Carrillo | Sipes | Tibbels has a probate litigation lawyer who can help with the management and transfer of an estate. The dependent process generally occurs when the decedent has died without having a will in place or requires the court to appoint an administrator and issue Letters of Administration. This means the probate process will last at least six months, providing creditors an opportunity to file claims against the estate. If you hire a probate law attorney, we will assist with filing proper accounting with the court and request permission whenever you make any distribution related to the estate. Consult with our office about the complicated probate process and we will handle it on your behalf.
What is the Purpose of a Probate Law Attorney?
Probate litigation lawyers are knowledgeable about the statutes that affect the administration of an estate and what is expected of an executor. As opposed to a dependent estate, an independent estate is one that has an established will and appoints an executor to administer the estate using the independent administration process. Letters Testamentary are issued to the executor who has the authority to inventory, value, and distribute assets in accordance with the terms of the will. The purpose of a lawyer with experience in probate law is to notify the heirs and creditors of the property to place claims for unpaid debts. Muniment of Title is a tool unique to properties in Decatur, TX, and a probate law attorney can walk you through the process and simplify it for you.
This is what our probate litigation services include:
- Contested Probate: The loss of a loved one is a difficult time in one’s life, as emotions run high and grief sets in. Too often heirs find themselves feuding over the estate division or the validity of a will, which is when hiring a professional can be highly advantageous.
- Alternatives to Probate: Establishing a Revocable Living Trust can bypass the probate process completely. Having a trust in place allows you to designate a successor trustee to handle all matters of your estate after your death. Completely avoid probate by including all assets in the trust which do not have named beneficiaries, or have a transfer on death (TOD), or payable on death (POD) designation. Revocable trusts may be changed at any time, including changing the successor trustee or changing beneficiary designations.
- Probate Alternatives: When a person dies without a will, they may choose an Affidavit of Heirship or Small Estate Affidavits. Our probate law attorney will ensure that you meet requirements for each process, handle it through the appropriate legal avenue and provide the right documents.
- Judicial Determination of Heirship: This process is beneficial when a person dies without a will and they have a complicated estate and/or many heirs. It’s used in conjunction with the dependent administration process, which may include Collection of Final Paycheck, Informal Family Settlement and Sale of Property of a Minor without Guardianship.
Schedule a Consultation with Our Probate Attorney
If you live in Decatur, TX, and you recently lost a loved one, contact Carrillo | Sipes | Tibbels for legal assistance with estate transfers and management. Our probate litigation lawyer will discuss these options with you and help you determine the best way to settle your loved one’s estate. Contact us today at (940) 627-0006 to schedule a consultation.
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