When your loved one passes away, there are so many decisions to make. If there is a Will, there is a process to probate the Will if it is under 4 years. If there is no Will, then there is a process to determine the distribution of assets according to Intestate law.
Having an Attorney for Probate is vital. is often beneficial to ensure your wishes are properly carried out and your family does not incur additional burden or expense after your passing.
Inaction has real consequences. If the deceased died without a will then the state of Texas decides how your estate is distributed (intestate). If the deceased died with a valid executed Will, then it must go through the probate process. No matter what situation the deceased's estate remains, then I can guide you through the process to ensure your loved ones wishes for the distribution of the estate will be followed or that it is distributed properly.
A will is a legal document that determines how your property will be distributed after your death. When someone dies without a will, this is called intestate, and their property is distributed according to the laws of the state. A signed will is the best way to ensure your property and loved ones are taken care of in this difficult time.
WILL WITH POUR-OVER TRUSt
A pour-over will is a testamentary device wherein the writer of a will creates a trust, and decrees in the will that the property in his or her estate at the time of his or her death shall be distributed to the trust. In estate planning, trusts provide a way to avoid the probate process when transferring assets after the grantor’s death. When the time comes to settle an estate, assets funded into the trust get distributed to beneficiaries as directed by the grantor.
An inter-vivos trust is a living trust that holds assets of a trustor. and is created during the life of the trustor. The main benefit of an inter-vivos trust is that it helps avoid probate, a process in which a court distributes assets for an individual after their death.
This a judicial probate process that for the transfer of real estate only.
Small Estate Affidavit
This can only be used if there is NO valid Will exists, the deceased has only homestead real estate property, and non-exempt assets do not exceed $75,000.
This means that an alleged heir files to dispute the distribution of the Estate.
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