When it comes to legal matters, no one wants to think about when they are going to eventually pass away, but it’s an important thing to consider. Many laws govern how estates are divided after death, what requests require a legal will to enforce, and how the state collects taxes or can process property when there is no legal will in place (a process dealt with in probate).
It is best to have an experienced Tomball estate planning and probate lawyer guide you through the process. At Bolton Law, we have been providing full estate planning and probate services to residents of the Tomball TX area for many years.
We offer those years of experience when treating every client like our most important one. We are more than happy to not only take care of requested estate planning documents but also to help you plan out what you need for your estate and to make sure things are arranged the way you want for your loved ones.
How Does Texas Probate Law Work?
When a person dies, the deceased person’s estate is put into a legal process that is known as probate. The state of Texas oversees this and this court is responsible for taking the property of the deceased and seeing it divided up and distributed to their heirs.
This process is made much more simple if there is a legal will in place, but challenges can be made and if there is no will, that can cause many problems and headaches as the state will ultimately be the determiner in that case of how the split happens, and it’s rarely as good for the heirs as a will would have been.
Probate itself is the name that is given to the legal process that determines the exact way the person’s assets and property will be divided after death. This is rarely an easy process and hiring skilled and experienced probate attorneys, like those working here at Bolton Law, is always a smart move.
Texas probate law is very specific on how things need to be divvied out. The state statutes require all the assets from the deceased’s estate to be gathered up before all debts and debt claims are paid off. Once that’s done anything that’s still left can be distributed. This happens either via a will or if there is no legally recognized will, Texas intestate succession laws.
Bolton Law has many years of experience handling probate cases in Texas. We have a team of experienced probate lawyers who can help you through every step of the process. We will work with you to determine how your assets should be divided, and we will help you navigate the complex legal system.
If you are dealing with the death of a loved one, Bolton Law can help. We understand that this is a difficult time for you, and we will do everything we can to make the process as smooth and stress-free as possible. Contact us today to schedule a consultation.
What Assets Need to Go Through Probate?
Not all assets need to go through probate. In Texas, only assets that are not jointly owned or that do not have a designated beneficiary need to go through probate. Keep in mind that “designated beneficiary” part as it explains why having a living will is so important even if you have relatively few possessions to pass on.
Anything that goes through probate does have a chance of being held, sold, taxed, or otherwise redistributed in some way. Designating it in a will can make sure that everything works the way you want it to.
Jointly owned assets, such as a home or a bank account, will pass to the surviving owner without going through probate. Assets with a designated beneficiary, such as a life insurance policy or a retirement account, will also pass to the beneficiary without going through probate.
Only assets that are solely owned by the deceased person and that do not have a designated beneficiary need to go through probate. Examples of this would be assets like vehicles, boats, furniture, and personal belongings.
The probate process is known for being both time-consuming and complicated, so it’s critical that you make sure you are covered by a skilled lawyer with actual experience in probate law. Bolton Law has years of experience handling probate cases right here in Texas. We have a team of experienced probate lawyers who can help you through every step of the process.
We will work with you to determine how your assets should be divided, and we will help you navigate the complex legal system. If you are dealing with the death of a loved one, Bolton Law can help. Contact us today at 281-351-7897 to schedule a consultation.
What Documents Are Needed for Proper Estate Planning?
It is important to have the proper documents in place to ensure that your wishes are carried out after your death.
The following documents are essential for estate planning, and we can help craft, create, update, or amend any of the following to bring them in line with your current wishes.
Last Will and Testament
A will is a legal document that outlines how you want your assets to be distributed after your death. Dying without a legal will means the process resorts to Texas intestate succession law, which may or may not be in line with what you would want.
A legal will is one of the most important documents you can have for proper estate planning.
Power of Attorney
A power of attorney gives someone else the legal authority to make decisions on your behalf if you become incapacitated. This could be a trusted child, a sibling, or even a close friend. You want someone who you can trust implicitly and who will act in accordance with your wishes because a power of attorney is a powerful document.
A healthcare directive outlines your wishes for medical treatment if you are unable to make decisions for yourself. This could be if you are in a coma, have dementia, or otherwise any condition that renders you unable to make a clearly thought out decision.
Bolton Law can help you create these important documents. Our Tomball estate planning and probate lawyers will work with you to understand your wishes and ensure that they are properly documented. Contact us today to schedule a consultation.
What Are the Types of Services Provided by a Probate/Estate Planning Lawyer?
At Bolton Law, we work to provide the full array of legal probate and estate planning services to Tomball residents. This includes dealing with legal documents, filings, and representation around issues such as:
- Dividing estates
- Estate inheritance
- Living wills, trust wills, and legal wills
- Establishing trusts
- Guiding recipients
Beyond helping you create estate planning documents, we also guide you through the process, listen to what you want to do, and explain the best legal way of getting there so your estate is passed on the way that you want it to be. We also work with family members and recipients to make sure their interests are being properly looked after during the process of splitting assets as well as seeing them through probate.
When Do I Need a Probate/Estate Planning Attorney?
If you don’t have a will or a healthcare directive, that is something that you should take care of as soon as possible. Bad health or accidents happen every single day and while none of us want to think about that, being prepared is the best thing we can do not only for those we will eventually leave behind but also for our own peace of mind.
Bolton Law can help you create a will and assist with other parts of estate planning. We will work with you to understand your wishes and ensure that they are properly documented.
Likewise, if you find yourself heading into probate you want an experienced advocate on your side. Every Will or estate is different. In fact, the exact probate process can vary depending on the instructions left behind on the Will. guide you through each step of the probate process to make sure that things go along as smoothly as possible.
Call Our Tomball Estate Planning and Probate Lawyers!
Here at Bolton Law, we take pride in our long successful history of guiding clients through every process of probate and estate planning. We would love for you to give us a chance so we could do the same for you and show you what true quality advocating looks like.
For any legal needs around estate planning and probate in Texas, please contact us at 281-351-7897 to set up an initial consultation. We look forward not only to hearing from you but to serving all of your estate and probate legal needs!