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Glen Rose Probate Attorney

Probate Lawyer Experienced in All Aspects of Estate Planning in Somervell County

Those who want their families to be able to avoid probate after their death, as well as those who were named as the executor of another's estate and have no idea where to begin, could benefit from speaking to an experienced Glen Rose probate lawyer from The Law Offices of Rob Christian. Virtually no one wants to deal with the complexities of probate, which means it is a task better left to a knowledgeable probate attorney who has spent many years helping families through the probate process.

If your loved one has recently passed, and you are facing probate and have little understanding of the process, it is time to give our law firm a call. You deserve the time you need to grieve your loss without dealing with probate. If you are just now considering an estate plan, a probate attorney can help you use certain strategies that will eliminate or at least greatly minimize the need for probate.

What Is Probate, and Why Would I Want to Avoid it?

Probate occurs after a person dies, and it involves the administration of their estate. It is not true that only the very wealthy have an "estate." Owning virtually any level of assets means you have an estate. Perhaps you only have your home, a vehicle, and some personal items. This is your estate, and it must be probated under Texas law—whether you have a will or not.

If you do have a will, probate is a bit simpler, and your wishes, as stated in your will, will dictate how your assets will be distributed. If you die without a will, you will have died intestate. In this case, the state of Texas will appoint a person who will, with the help of the court, probate your estate. This person is known as an executor or an administrator. So, why would you want to avoid probate? There are a number of reasons, including:

  • Money—Probate can be expensive, with attorney fees, court fees, appraisal fees, and executor fees.
  • Time—Probate can take from a few months to several years if the estate is complex or if there are challenges to the will. As long as the estate is in probate, the beneficiaries of the estate are not allowed to receive the assets.
  • Privacy—Probate filings become public records, and anyone who is curious can look up those records and see detailed information about an estate's assets and distribution.
  • Estate Administration Responsibilities—The person named as executor will have many tasks to complete (most with a deadline) to get through the probate process. When a family member is named as executor, and there are other family members who may not be happy about their inheritance, the executor can feel as though they are being attacked from every side.

Planning for Probate Through Estate Planning and Probate Administration

If you do not want your loved ones to go through the probate process after you are gone, there are steps you can take now that will help them avoid probate. First, you can place your assets in a trust. You can be the initial trustee for the trust, meaning that you will retain full control over your assets. You would then name a successor trustee who will take over in the event of your incapacitation or death. The assets in your trust would not go through probate, so your successor trustee would be able to more quickly distribute the assets in the trust to your named beneficiaries.

Probate may also be avoided through the use of joint accounts. If two spouses own a home, vehicles, other properties, and bank accounts together, those assets pass to the co-owner when one spouse dies. The same is true for accounts known as "payable-on-death" accounts, which could be checking and savings accounts, investment funds, some retirement plans and pensions, and life insurance policies. These accounts will transfer to named beneficiaries upon your death without the need for probate. You can also name an attorney who will handle the probate process after your death so that your family members will not have to deal with probate.

Contact Our Glen Rose, TX Probate Attorneys

It is important to speak to a knowledgeable probate attorney who can help you understand all your options and the benefits these options can provide. Engaging in DIY estate planning can cause you and your family members to miss valuable opportunities to save money, time, and stress in the future. Contact a Somervell County, TX probate attorney from The Law Offices of Rob Christian who can guide you through the process or help your loved ones avoid probate altogether. When you are ready to protect your loved ones, call 682-936-4003 to schedule a free consultation.

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