Probate Law

Probate is the court process by which a will is proved valid or invalid. or is the legal process wherein the estate of a decedent is administered.  When a person dies, his or her estate must go through probate, which is simply a process overseen by a probate court.  If the decedent leaves a will directing how his or her property should be distributed after death, the probate court must determine if it should be admitted to probate and given legal effect.  If the decedent dies intestate—without leaving a will—the court appoints a personal representataive or administrator to distribute the decedent’s property according to the laws of descent and distribution.  Typically, these laws direct the distribution of assets based on hereditary succession.  In general, the probate process involves collecting the decedent’s assets, liquidating liabilities, paying necessary taxes, and distributing property to heirs.  Probate procedures are governed by the laws of the state in which the decedent died, held property or resided.  In Texas, the probate courts have jurisdiction to hear matters involving incapacitated adults.

The attorneys of Peter G. Milne, P.C. assist clients in all matters typically brought in the probate courts, including:

Testate–Decedent’s Will Produced–Proceedings

  • Independent Administration of Last Will and Testament
  • Dependent Administration of Last Will and Testament
  • Probate of Last Will and Testament as Muniment of Title
  • Will Contests
  • Fiduciary Litigation

Intestate–Decedent’s Will Not Produced or Died Without a Wiill–Proceedings

  • Application to Determine Heirship
  • Dependent Administration
  • Small Estate Administration

Procedures Involving Incapacitated Adults

  • Guardianship of the Person
  • Guardianship of the Estate
  • Capacity and Committment

Non-Probate Succession or Informal Guardianships

The passing on of one’s estate or the care of an incapicated adult may be structed in a way to completely avoid the involvement of the probate court and a formalprocess.  The attorneys of Peter G. Milne, P.C. often provide advice and counsel for non-probate succession and care of incapicated adults such as:

  • Creation of Revocable Trusts
  • Drafting and Execution of Power’s of Attorney
  • Pay-on-Death and Beneficiary Designations
  • Enchanced Life Estate Deeds

At Peter G. Milne, P.C., we are experienced in and practice primarily in the areas of probate law, estate planning, elder law and tax law and routinley counsel our new clients in these related matters.   Do not hesitate to contact us for a consultation.

 

 

 

 

 

A lawyer’s dream of heaven — every man reclaimed his property at the resurrection, and each tried to recover it from all his forefathers.
— Felix Frankfurter

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