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While far from pleasant, sometimes one family member will hide assets, bully or otherwise deceive other members of the family, and these probate disputes need to be litigated in court. If you find yourself in a similar situation, the first step to setting things right is to talk to a Dallas probate attorney.
Are you aware of your estate plan? You may be shocked to learn that the truth is, everyone has an estate plan. Whether they realize it or not, the estate of every person will follow a plan after death.
For those who have not created a personal, memorialized plan, the laws of Texas will make those decisions for you.
If a last will and testament has been drafted, the probate process will include admitting the will to probate and distributing assets according to the will. If there is no will, the deceased person’s heirs will inherit according to Texas intestacy laws.
An executor or administrator will be appointed according to the will. If there is no will, an executor will be appointed according to Texas law. This individual must carry out the probate process in order to help ensure the estate is distributed appropriately.
When someone dies, there may be no need to do a full probate. This is particularly true if you just need to transfer property. In these cases an affidavit of heirship, small estate affidavit, or possibly a Muniment of Title might do the trick. We advise clients on each of these options.
Intestate refers to someone who has died without a will. An intestate estate can also include an estate in which the will presented to the court was deemed to be invalid.
An administrator is appointed to manage the probate process. Additionally, if there is no will, the probate court will determine how the assets are distributed.
An important piece of information to take is that child custody is referred to as child conservatorship in the state of Texas. In Texas Family Code Title 5, conservatorship is a family law term.
Unlike conservatorship—or custody—laws in Texas, guardianship laws have nothing to do with Texas family code or family law. Instead, guardianship is encompassed within Texas probate law.