Choosing an Austin probate lawyer
At the Law office of Farren Smith we are always mindful of the fact that individuals and families navigating the Texas probate system are enduring one of the most difficult and trying times in their lives: the loss of a loved one or family member. In light of this we strive to make the probate process as simple and as comfortable as possible for our clients. Austin probate lawyer Farren Smith combines an abiding professional interest in probate law with empathy and consideration in order to achieve the best possible outcome under the circumstances.
Although many probates are relatively routine procedures, as when the deceased left a properly drafted will, some probate procedures may be challenged by rival heirs (known as a “contested probate”) to an estate or are more complicated for other reasons. For example, individuals that pass without leaving a will sometimes need proceedings to declare heirship, which can require an attorney to do genealogy research under some circumstances. Regarding contested probates, many lawyers practicing probate do not handle contested cases and must refer them to other attorneys. Austin probate lawyer Farren Smith handles a range of probate issues including more complicated procedures as well as contested probates and other litigation involving decedent’s estates.
Common issues in Texas real estate law
Some of the most common issues presented by clients seeking a Cedar Park, Round Rock, Pflugerville, or Austin probate lawyer are listed below. Additionally, you will find a link to our Texas probate laws page to the right, where many of the statutes affecting Texas probate are listed.
When a loved one passes away family members are consumed with immediate issues regarding the funeral and possibly caring for children and other dependents. If the decedent left a will designating heirs to his or her property, probating the will may initially be pushed to the back burner. It is important, however, that you know what the time limits are under Texas law for probating the will so you do not miss any important deadlines in handling the estate. ...
In order for a will to be admitted to probate in Texas, it must meet the requirements for a valid will and sufficient proof of these elements must be made to the probate court. Individuals in the Austin area seeking to have a will admitted to probate should contact an Austin probate lawyer to guide them through this process more easily.
Elements of a Valid Will
Texas Probate law states that a probate court may grant what is termed a “family allowance” to the immediate family members of the deceased. The purpose of the family allowance is to provide support for a deceased person’s family members for a period of one year after the death of the deceased person, whom is also frequently referred to as the “decedent.” Texas Probate Code §287. As stated in §287, the persons entitled...