Probate Services

Probate Attorney Serving McKinney, TX

When a loved one dies, it is crucial to have an experienced probate attorney to help guide you through the following process, and seeking legal representation as soon as possible is very important. Probate is the court process of assessing and administering an estate after someone’s death. This is often a highly emotional time for all parties involved that can quickly become contested. If a will or estate is contested, it is crucial to have the representation of a lawyer with experience in contested probate matters.

Reasons to Contest a Will Or Estate Include:

Claims of undue influence
Differences of opinion over guardianships or distribution of estate assets
Undisclosed details regarding debtors
Creditor claims
A trustee or executor failing to do their fiduciary duty
Fraud or other tortious interference with inheritance rights
Executor, beneficiary, or heir embezzling or unlawfully taking estate property

Probate And Estate Administration

In addition to working through the estate planning process, we handle matters that arise after the death of a loved one. The probate and estate administration processes are designed to address the specific estate of the deceased, handle creditors, and distribute the estate assets. Whether you are a named executor or beneficiary, we can assist throughout these processes, as they are often confusing, complicated, and could become contested. Similar to estate planning, there are a variety of approaches to handling an estate and transferring property after the death of a loved one, such as:

Probate of a Will: The probate of a decedent’s last will is a legal proceeding whereby a court of proper jurisdiction and venue authenticates the will. If the decedent’s estate requires administration, the court appoints an executor to handle the estate. If the estate does not require administration, the will may be admitted into probate as a Muniment of Title only, effectively transferring property to the beneficiaries named in the will.
Determination of Heirship: Without a will, an interested party may request the court to declare the decedent’s legal heirs and the heir’s respective share of the decedent’s estate. Like the probate of a will, a determination of heirship may be with or without administration of the estate, depending on the circumstances at the time of the decedent’s death.
Small Estate Affidavit: Designed to handle small estates, this may be an option to transfer property when the decedent dies without a will.
Affidavit of Heirship: In some instances, we can use an affidavit of heirship, which is a nonjudicial process to transfer real property.
Family Settlement Agreement: Settlement agreements between family members and heirs of an estate are also good options when some uncertainty is involved. These agreements may be used with or without other approaches to settling a decedent’s estate.
Non-Probate Transfers: In some instances, a decedent’s assets may be transferred via non-probate transfers such as a trust or contract, which is familiar with many financial institutions and insurance companies.