Our lawyers provide a full range of probate services to our clients. Simple matters can be handled through flat fees while more complicated matters are taken on retainer.
PROBATE ATTORNEY SERVING SAN ANTONIO AND SURROUNDING AREA
The death of a family member brings not only emotional grief, but complex legal issues as well. Probate is the process by which a court administers the payments of a deceased person's debts and distributes his or her assets to beneficiaries. If you are facing the probate process, the Law Office of Jesse White is here to offer you the experienced advice and advocacy you need at this time. We will work with you personally to help make the probate process as efficient, stress-free and successful for you as possible.
Contact us today online or by telephone at 210-852-2090 to arrange a consultation with an experienced San Antonio probate attorney.
EXPERIENCED GUIDANCE THROUGH THE PROBATE PROCESS
Our firm represents heirs, beneficiaries, executors, personal representatives and other interested parties in a broad range of probate and estate administration matters. We can represent you in matters such as:
Contesting the will
Probating the will
Probate without a will
Identifying and distributing assets to the rightful beneficiaries
Paying the decedent's debts
Resolving disputes between heirs
Handling intestate matters
Addressing lawsuits against the decedent's estate
Removing an executor or administrator
We will personally guide you through all aspects of the probate process to ensure that your interests are protected and that your loved one's wishes are carried out in a proper and just manner.
PROBATE PROCEDURES AND ALTERNATIVES
Small Estate Affidavit - The Texas Small Estate Affidavit is for use when a decedent (the person who died) left $75,000 or less in property and died without a will. It provides a more streamlined method of taking care of a decedent’s estate when there are few assets and no will. Whether this simplified process is available and will meet the needs of a particular estate should be discussed with knowledgeable legal counsel.
Probate as a Muniment of Title - The Texas statutes created muniment of title, a legal concept that is unique to Texas. You can only use this probate mechanism in certain circumstances. The requirements for approval of a request to probate a will through muniment of title are: (1) The Court agrees that there is a valid will that is admissible to probate; (2) The Court finds that there are no unpaid debts of the estate, except mortgages or other liens having the real estate as security; and (3) The Court rules that, for other reasons, there is no need to proceed with a full administration of the estate.
Independent Administration - An administration of an estate in which a an independent executor or administrator pays the just debts of an estate and executes the terms of will or distributes property according to the laws of intestate succession without the requirement of direct approval and oversight of his or her appointment during the probate process. Courts often require that all heirs-at-law agree to an independent administration before an independent administration is permitted.
Dependent Administration - Dependent administration is often necessary if there are disputes among beneficiaries or if court oversight is otherwise required during probate. If the estate has large debts accrued, the stricter requirements for creditors may make dependent administration a better option for managing estate finances. The key difference between dependent and independent administration is the amount of court supervision required. Dependent administration provides a higher level of scrutiny that helps heirs and beneficiaries of the estate know when the executor has properly completed certain duties during probate.
Family Settlement Agreement - A Family Settlement Agreement (FSA) is an agreement signed during the probate or trust administration by all of the heirs and persons receiving real estate or personal property from an estate. The contract sets forth how an estate's property should be distributed differently from how the deceased wanted it to go. Where the family and heirs of an an estate have disagreements and conflicts, a family settlement agreement may be a viable option to secure the administration and settlement of an estate. Texas courts encourage this option because it promotes settlement and reduces potentially lengthy battles that may cause waste to an estate and unnecessary litigation.
CALL US TODAY FOR A FREE CASE EVALUATION
Our lawyer handles probate administration matters for clients in San Antonio, New Braunfels and surrounding Texas communities. Contact us today online or by telephone at 210-852-2090 to arrange a consultation with a knowledgeable San Antonio retirement account distribution attorney.