Popular culture often depicts a probate attorney’s role as being limited to “reading the will” to a room full of heirs and estate beneficiaries after someone passes away. However, the services provided by a Houston probate lawyer are far more complex and extend over a substantially longer period.
The seasoned estate planning attorneys at J. Lopez Law assist estate representatives through all stages of the probate process. We offer compassionate and dedicated guidance to families as they seek closure while managing and distributing a decedent’s assets in accordance with their intentions and desires. Contact us today to learn more and schedule your initial consultation.
Every probate case begins with a determination of whether the deceased party left a valid will and named an executor or administrator to manage probate. If there is no will, then a Houston probate attorney will work to identify the decedent’s potential heirs, assets, and liabilities, and interface with a court-appointed executor to manage and close the estate.
In a small number of cases where the decedent left more than one will, or heirs challenge the legitimacy of a will or the executor that it names, a probate lawyer could analyze the facts and evidence to verify the correct document and ensure the correct person serves as the estate administrator.
A probate lawyer’s services in a Houston probate case are dependent on the specific facts and details of the decedent’s estate planning. Our attorneys help by assisting the executor in identifying and assessing the value of the estate’s assets, including:
A lawyer could also help file an estate probate case and gather all required documentation for the court. Legal counsel may also interact with and manage payments to entities that have claims or liens against the estate’s assets, such as medical service providers and tax agencies. If conflicts arise between heirs, a lawyer could act as a mediator and confirm the proper distribution of all assets remaining after debts are paid.
Under state law, an estate administrator owes a fiduciary duty to manage the decedent’s affairs in good faith and in the best interest of the estate and its beneficiaries. Many disputes in probate cases originate with claims that an administrator is violating their fiduciary obligations. Administrators in Houston who act in accordance with a probate lawyer’s advice will generally have a valid defense to claims that they have breached their fiduciary duties.
Administrators who make decisions without a probate attorney’s guidance will not have such protection. The consequences of breaching a fiduciary obligation can be costly and time-consuming. Relying on the advice and counsel of experienced estate probate lawyers, including the legal team at J. Lopez Law, provides the most effective protection against potential fiduciary duty problems.
A Houston probate lawyer from J. Lopez Law could help you manage all aspects of the probate process while verifying that probate decisions and actions taken by its administrator are in full compliance with fiduciary obligations. We manage this process for all sizes and types of estates, from simple estates with limited assets and a small number of heirs, to complex, high-value estates with multiple beneficiaries. Contact our firm today to schedule a consultation with our probate legal team.
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