Probate Attorney Texas

Probate in Texas is a judicial proceeding to determine to whom, where, and how the assets will be distributed by the decedent's will. Typically a Texas probate attorney represents each party involved with a dispute about probate in Texas. You can speak with one of our Texas probate attorneys if you have a probate matter and live in Austin, Dallas, Fort Worth, Houston or anywhere in Texas.

Litigating Probate in Texas

Almost two thirds of Americans do not have wills, and will therefore die intestate. For those without a will, probate can be avoided through designating a beneficiary for certain accounts. While many people want to avoid probate in Texas, placing assets in probate-avoiding accounts can have disappointing consequences. For example, a person may believe that he has an asset with survivorship rights, when in fact, the asset is held as a tenancy in common. Additionally, a tax plan can become useless if it is set up so that a couple's assets pass automatically to the surviving spouse outside the terms of the will and the probate in Texas. It is also important to note that a divorce does not automatically terminate a survivorship agreement.

Another situation with non-probate accounts is that they do not allow planning for contingencies. For example, if both co-owners of a survivorship account die simultaneously. If this happens, the assets will be subject to probate in Texas and will pass under the laws as if there was no will. Furthermore, an undesired effect of a payable on death (POD) account is if there are two beneficiaries and one dies before the account owner, regardless of what the account owners wishes were, the predeceased beneficiary's half will not pass to his children, but will instead go to the other POD beneficiary.

It is important for the estate-planning attorney to review all of the client's accounts and designations, so that necessary changes can be made to coordinate the assets with the overall estate plan for Texas probate in Texas. The attorney will also be able to instruct the client on how to register accounts and designate beneficiaries in the future.

Muniment of Title

Muniment of title occurs only when there is a will and only deals with real estate in Texas that the testator owns or partially owns. It is a process to remove the testator's name from the property and will transfer ownership of real estate to the beneficiaries without a deed. You need muniment of title because the testator's property cannot be sold or transferred if the property is either entirely or partially in his or her name when the will enters probate in Texas.

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4635 Southwest Freeway
Houston, Texas 77027
Tel: (713) 893-0022

Mailing Address
P.O. Box 20545
Houston, Texas 77025