FAQs
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Delve into our frequently asked questions section for clarity on common legal queries and discover how Colin Smith Law can address your concerns with precision and expertise.
The timeline for probate completion can vary based on several factors, including the court’s workload, whether any disputes arise, and the efficiency of administrative tasks.
Assuming a hearing is set within 30 days of filing, and the Will is not contested, issuance of Letters Testamentary can be issued within the same time frame. Subsequently, it may take up to 90 days for the executor to fulfill their duties.
If the matter is contested (meaning there is some disagreement or dispute with some aspect of the case) or the court is backed up, the process can extend up to 6 months.
Generally speaking, for a simple estate (which most are), the process is six 6 months or less from the time the lawyer is hired to completion.
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.