FAQs

Guardianship holds precedence over powers of attorney. Once a guardianship is established, it typically supersedes any existing powers of attorney.

Guardians over a person have very specific powers, and they remove certain rights the ward (the person whom the guardianship is created) has.

Guardians of an estate oversee the ward’s financial affairs, periodically submitting accountings to the court, and obtaining a bond that corresponds with the estates value.

Powers of attorney can be drafted to activate upon incapacity, but they may also allow concurrent decision-making between the individual and the designated agent.

Example: If Joe signs a power of attorney naming Jane as the agent for financial matters, both Joe and Jane may independently make financial decisions.

However, if Joe becomes incapacitated and Jane misappropriates his assets/funds, this constitutes a serious breach. In such a scenario, if another individual like Bobby petitions for guardianship of Johnny and the court grants it, Jane would be removed as the power of attorney holder, and Bobby would assume management of Johnny’s estate.

Possibly. Probate can be brought for any number of reasons, such as to facilitate the transfer

of assets owned by the deceased (referred to as decedent), settling the debts, or appointing an executor to pursue legal action on behalf of the estate for other matters.

If the decedent owned real estate and had a Will, then the probate process will be necessary to transfer the real estate. Additionally, if the decedent died due to medical malpractice or an accident for which another party is liable, the estate will require an appointment of an executor to pursue legal action of the tortfeasor (the responsible party).

An attorney ad litem is a court-appointed individual. If someone passes away without a Will and probate is necessary, the law requires an official finding of heirship – a legal declaration of who the heirs are.

The Texas Estate Code requires the Court to appoint an attorney ad litem to represent minor or unknown heirs in such a case.

The attorney ad litem is responsible for locating all heirs of the estate or representing heirs under the age of 18.

Most consultations last an hour or less. For more complex cases, and more time is necessary, a follow-up appointment will be scheduled.

The original Will (if available), or a copy if not. Additionally, include a copy of the death Certificate, your driver’s license, and ideally, a list of the deceased person’s real estate properties and/or bank accounts.

Typically, the statute of limitations for probating a will is four years. However, probate may still be possible after this time if valid cause can be demonstrated.

The components of an estate plan can vary based on individual preferences, but typically include a will, statutory durable power of attorney, medical power of attorney, HIPAA release, declaration of guardian in case of later incapacity, declaration of guardian for minor children, and one or more trusts.

Depending on the circumstances, act quickly. Property issues can escalate, potentially leading to internal damage, so it’s crucial to maintain any existing insurance coverage and enlist legal representation to handle eviction proceedings efficiently.

Evictions can be appealed, which can prolong the process. Your attorney can negotiate a move-out date with the tenant or squatter before filing the eviction case.

Law firms are like any other service-oriented industry.  The larger the company, the more impersonal things become.  I’m reminded of a bank that I used to do business with.  Every time I called, I spoke to someone different, and I was no more than a number.  The bank that I’m with now knows who is calling as soon as I pick up the phone and they’re able to update me on whatever it is we’re working on in a few seconds.  We strive to be like the latter.

You do not.  We go all over the State of Texas.  If a case is beyond Texas borders, we still may be able to help you, but we are not able to practice law in another state, barring certain limited exceptions.  In those cases, we may partner with local counsel.

The prices vary with the work.  This is why we don’t charge for estate planning consultations; we want to get to know you and see what will work for your situation.  On the low end, we can do a simple will for one person for a few hundred dollars.  On the high end, we go over $10,000.  Most cases, however, will be under $5,000 per family.  We interview you and then make recommendations on what we would do and why, and cite the prices that would pertain to your particular needs.

Probate is the process by which a will is admitted and verified by a Court, and its terms are executed.  Probate lawyers engage in that process, and may also contest wills (try to get them thrown out.)  If a will is admitted to probate, a probate lawyer typically guides the executor through their duties as an executor.  Most probate lawyers, including us, also draft Wills, powers of attorney, trusts, and other similar estate planning documents.

We get to know you, explain how we practice, and make sure that we are a good fit for each other.  For an estate planning consultation, we’ll get a feel for your family dynamics, your goals, and suggest several options that would achieve those goals.  We will also quote you a price for doing the work.  If our consult is for probate or guardianship, we will meet with you, find out what is going on, and see if we can help.  If so, we’ll explain the process and give you a general idea of what to expect, and answer any questions you may have.

Yes, depending on the circumstances.  We’re here to help.  Call us and let’s discuss.

That’s one of the reasons why we start with a free consultation.  We want to make sure that we’re a good fit for you and vice versa.  We’ve helped families of all income levels and all walks of life, and we would love to have the opportunity to help you.

Our clients come to us for some of the most challenging and stressful events they may face in life.  We believe we are here to serve them, and we do it tirelessly.  Nothing satisfies us more than going home each day knowing that we provided some security, eased some fear, or helped someone get to a better place.    

Estate planning cases can be turned around in a week or less if the situation is an emergency.  Otherwise, we take a month or so.  For a probate matter, it depends on the circumstances presented.  A contested probate matter can take a year or longer.  An uncontested probate matter, depending on the county, may be one month up to one year from start to finish.

As a general rule, every decade or every time there is a life changing event such as birth, child turning 18, graduation, marriage, or a passing of a loved one.

The State of Texas has a will for them.  Dying without a Will is called “dying intestate,” and the State’s will provides that, generally, a person’s heirs inherit their estate.  Who those heirs are and what they get depends on whether or not they are married at the time of their death and who they are survived by.

Yes, absolutely.

Guardianship is the process of appointing a person (or two people) as a person’s guardian.  When a child is under 18, they have guardians, who are typically their parents.  If someone is over 18 and loses the capacity to make decisions for themselves, then a guardian makes medical decisions for them, decides where they live, determines how their money is spent on them, and so on.

Carefully.  There are a number of factors that come into play, but putting an estate planning package together for a blended family is an art form.  “Blended Family” means that at least one spouse has children from a previous relationship.  Our initial consultation is the first step in figuring out how a fair approach and solution.

The operative syllable in “trustee” is “trust.”  Who you trust to follow your wishes, stand up to any conflict, and ultimately make sound decisions is a good candidate.  We help you flush out your options when it comes to selecting a good trustee or executor.

Call us.  No matter how strange things are, we’ve seen worse.  We promise.

You can write it yourself, but can you really afford to get this wrong?  There are no do-overs.  Very rarely have we seen a will that someone wrote themselves that we can’t break in some way.

Call us.  We’ll walk you through it.  If property or money starts to disappear, do not wait.  Get past the disbelief quickly; it really is happening, and steps can be taken to stop the bleeding.  Everyone thinks that this is something that only happens to other families.  It can happen to anyone.

Probate is the process by which a will (testate or intestate) is admitted to probate.  (Intestate is called a judgment determining heirship, which has the same effect.)  An administration is the process by which that person’s estate is divided up by an executor (if there is a will) or administrator (if there isn’t a will), debts are paid, and the estate is distributed.

Yes, in fact, they need them more because the choices of power of attorney, executor, trustee, and so on aren’t as cut-and-dry.