How to Navigate the Probate Process in Texas
Probate is never an easy process, but an estate planning attorney in San Marcos can help. If you’re setting up your estate and want to protect your loved ones, an attorney can help you keep as much of your estate out of probate as possible. And if you are in the midst of probate now, getting an attorney can help everything go more smoothly.
How to Navigate the Probate Process in Texas
Getting Started
Everything begins when someone passes away. If they left a will, it should name an executor, who is the person tasked with managing the estate. The executor will have to bring the will to the probate court and formally request to open proceedings. If there is no will, or if there’s an executor but the executor is unable or unwilling to do the job, then any interested person is allowed to petition the probate court to begin proceedings.
If there’s no will, the process will likely take more time, though that’s not guaranteed. If a will is poorly written, doesn’t cover all the estate, or if there’s a question about its validity, then things can become very complicated and time-consuming, even with a will.
Validating and Appointing
If there is a will, then the court must decide whether it’s valid. Any interested party in the estate can contest the validity of the will, though there must be an actual reason to contest it.
Once the will has been validated, the named executor will request the court to appoint them officially as the executor. The court will determine whether to do so, and if it believes that person is a suitable executor, it will issue them special documents that give them the power to manage the estate.
Notification and Inventory
Once the executor has been appointed, their first job is to notify every interested party about probate. This would include all the relatives who could normally be expected to be beneficiaries and all creditors. It might also involve some business partners, depending on the details of the estate.
While waiting for them to respond and for the notification period to pass, the executor will get started on compiling an inventory of all assets and having them appraised.
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Are you eligible to join a mass tort litigation? It can be confusing to understand how these work, whether you’re eligible, or whether it’s a good idea to join at all. Talk to a mass tort attorney in Austin, TX for more specific help, and keep reading to learn more about these claims and the general criteria for joining.
From a Mass Tort Attorney in Austin, TX: Mass Torts and Criteria for Joining
A “mass tort” is a claim with many plaintiffs coming together but filing individual lawsuits. In a class action lawsuit, all the plaintiffs are represented as one collective group, but in a mass tort situation, each plaintiff still has their own representation and their own case. In a class action suit, plaintiffs or groups of plaintiffs will receive the same compensation. In a mass tort, each plaintiff may receive something totally different based on the unique circumstances of their claim.
Read the rest of this entry »How Can Small Businesses in Texas Protect Themselves Against Breach of Contract Claims?
A breach of contract claim can devastate a small business in Texas, but there are ways to protect yourself. The most important thing is to contact a business lawyer in San Marcos, TX as quickly as possible.
How Can Small Businesses in Texas Protect Themselves Against Breach of Contract Claims?
Contacting a Business Lawyer in San Marcos, TX
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We all want to make our own healthcare decisions, and we have the right to do so. The problem is what to do when you can’t advocate for yourself. Unfortunately, old age, dementia, or conditions like a stroke or coma can make it impossible for you to communicate what you really want. An estate planning attorney in Austin, TX can make sure you have all the legal documents so your medical wishes are followed.
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Litigation can destroy any business, and a small business is even more vulnerable than most. If you own a small business and want to protect it, talk to a business lawyer in Kyle, TX right away to develop the best strategies to ensure that all the investment of hard work and money you’ve put into your business is safe.
What Legal Strategies Can Help Protect a Small Business from Litigation?
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When you create an estate plan in Texas, you must consider more than just how to divide your assets. Different estate planning strategies impact the taxes your estate and beneficiaries may owe. An estate planning lawyer in Austin, TX, can help this process move along effectively and efficiently.
Read the rest of this entry »How to Establish a Guardianship in Your Will
Texas law provides a mechanism for protecting the interests of those considered incapacitated and in the care of another. That process, known as guardianship, allows an individual to legally appoint someone to take over as caretaker of a child or incapacitated person if the original caregivers are deceased. With the help of a will attorney, establishing guardianships in a will in Kyle, TX, is a straightforward process.
How to Establish a Guardianship in Your Will and How a Kyle, TX, Will Attorney Can Help
Speak With an Attorney
Guardianship is taken seriously by the legal system in Texas. Through the establishment of guardianship, the rights of the incapacitated can be removed temporarily or permanently. Therefore, before moving forward with any guardianship proceedings, it’s critical to consult with an attorney who specializes in will establishment and guardianship. Legal representation is often required in guardianship proceedings in Texas, and having a lawyer to guide you is wise.
Read the rest of this entry »How Does Compensation Work in a Mass Tort Case?
When multiple individuals are harmed by the same product, drug, or action, Texas law allows those affected to pursue compensation through a mass tort case. In these cases, a mass tort attorney in San Marcos, TX, can ensure compensation is calculated and distributed to benefit you as an individual, even while fighting alongside others to hold the same company accountable.
From a Mass Tort Attorney in San Marcos, TX: Making an Individualized Case
In a mass tort case, you maintain an individual claim even though your case is joined with others for the purpose of litigation. Your compensation is not automatically identical to what others receive. Instead, it depends on your specific injuries, financial losses, and how the defendant’s actions affected you. The court may centralize proceedings in a Texas state court or allow them to proceed through multidistrict litigation at the federal level, but either way, your claim is reviewed on its own merits.
Read the rest of this entry »Choosing the Right Healthcare Agent in Texas: A Cautionary Tale and Attorney Insight from Artie Pennington
When it comes to estate planning in Texas, selecting the right healthcare agent is one of the most critical — and often misunderstood — decisions you can make. A recent episode of a popular medical drama brought this issue to life with startling realism, showing how emotionally and legally complex things can become when your healthcare preferences are not clearly followed.
A Fictional Case with Real-Life Consequences
In the storyline, an elderly man with Alzheimer’s is hospitalized with pneumonia and sepsis. Before his health declined, he had completed an advance directive stating he did not want to be intubated or resuscitated. He named both of his children as co-agents under his medical power of attorney. However, when doctors advised that intubation could extend his life but contradict his directive, the children disagreed. One wanted to follow their father’s wishes; the other could not let go. The result was a decision that directly opposed the patient’s documented intent.
Though fictional, this case mirrors a real issue: co-agents with conflicting views can unintentionally override your healthcare choices.
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Trademarks are a type of intellectual property that is usually protected fiercely because of its importance to a brand. If you have been accused of infringing on another party’s trademark, it’s vital to consult an intellectual property attorney in San Marcos, TX, swiftly. Allegations of trademark infringement may lead to a claim for compensation, so it’s critical to properly defend yourself against accusations without delay.
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