Texas Probate - Probate in Texas
Victor M. Maas, Texas Probate & Real Estate Lawyer
Contact information:211 Babcock Rd., San Antonio, Texas 78201
1-800-PROBATE, Direct - 210-468-1831, Fax: 210-468-1841. www.MaasLawFirm.com.
Victor M. Maas has over 9 years of experience as a practicing attorney and is a recognized expert in Real Estate and Probate matters. Mr. Maas earned his Juris Doctor from Creighton University School of Law (2000) and earned his Bachelor of Science in Political Science from the University of Texas @ San Antonio (1995).
Mr. Maas has a thorough understanding of the Texas probate system and is an expert with residential real estate having been featured in the San Antonio Express-Newspaper and KSAT 12 TV in the San Antonio market. Every problem has a solution, but it takes a special lawyer to guide you in the right way. We are here to help you through your probate or real estate legal matters. Visit us at www.MaasLawFirm.com.
If you are currently in a situation where you’ll be dealing with the Texas state court system in relation to a probate or estate related matter, or if you think that you will be in this kind of situation in the near future, it is important that you hire an attorney that knows the ins and outs of Texas probate law. Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the “heirs,” or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do. What exactly is Probate? Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed. While on one hand, this may sound simple, probate law and the handling of estates is in fact a complex system, which presents you with multiple requirements and tasks to be preformed by the personal representative, an experienced attorney and a tax consultant. For example, an estate including only a single house and single bank account that has been left to a single beneficiary will probably be a far easier and quicker process to deal with than an estate containing multiple houses that are located in various states, and that are left to multiple beneficiaries. This becomes especially difficult if an estate includes leaving assets to a minor. When working with the Texas state probate process, there are a number of things that you should be aware of. First, you need to understand the importance of knowing how the procedure works. If you are not clear on this, the process will be a difficult one, given that it will be nearly impossible to plan ahead without being able to anticipate the next course of action. Also, you will want to know about the assignment of property that is received from the decedent. This is important to the process on the whole, because it is the official mark of probate success. Attorneys help you achieve that success by applying their skills and legal knowledge to your particular case. It is important that you know about the exercise of power of appointment in Texas state probate law too, seeing that this is the stage in which the personal representative assumes control of the estate until the probate procedure has concluded. Also important to probating in the state of Texas, is the period that is allowed for procedures to take place. People who decide to navigate through the Texas state probate system alone, run the risk of mishandling their case and facing penalties, which could result in the repetition of procedures and the resubmission of legal documents. For this reason, many people today are opting to hire attorneys. There are two major factors that contribute to the importance of understanding how the Texas state probate procedure works. The first factor pertains to the formal nature of all written documents, which is requirement by the state for all documentation that is to be submitted. For people who don’t spend much time reading and writing formal, legal material, these state requirements often present difficulty. Failure to meet state requirements related to the formal structure and contents of Texas state probate documentation frequently results in repeating processes and resubmitting documents. The second contributing factor has to do with the time limitations that the state of Texas places of all probate procedures. If your procedures are not carried out within the time provided for you by the state of Texas, your case will be held up, given that you will probably end up having to resubmit documents and face other penalties that are defined by the state in the statutes. A good way to avoid problems such as these is to hire an attorney who has extensive experience and legal training in this field. This way, you can be assured that your case is being managed in a legally, efficient manner. It’s generally a good idea to be aware of the way in which the assignment of property received from a decedent is handled, in the Texas state probate process. Someone who is entitled to receive property under the power of a will is allowed to assign the property to any person. This is particularly important when the decedent is a loved one and when it is not quite clear how the property is to be portioned out. People who try to make their way through the Texas state probate system on their own, without the help of an attorney, often run into problems that could have been avoided, had an attorney been hired. If you don’t think that you fully understand how the assignment of the decedent’s property may occur in Texas, you will want to consult with your attorney, so that he or she may explain to you the finer aspects of Texas state probate law. It is important to note that a testator in the state of Texas is not allowed to exercise a power of appointment through a residuary clause, unless he or she makes a specific reference to the power in the will. Or, if there is some kind of sign, in writing, that the testator means to comprise the property subject to the authority of the will then they are allowed to do so. It is clear that you’re going to have to understand a number of rules and exceptions related to Texas state probate law, in order to assure the success of your case. You also will need to know about the period of time that the state of Texas allows for probate procedures. In Texas, no one is allowed to probate after four years have passed since the death of the testator. However, if a person was not responsible for the failure to present a probate case, and if they can present this by means of proof then there is still a way to get the process moving onward. This time limitation is important, given the fact that it means you will most likely need to act right away, and handle all matters quickly and efficiently. As you can see, handling Probate laws is not an easy thing to go through or deal with, which is one of the many reasons why it’s often a good idea to hire an attorney experienced in the field of Texas probate law to help you with the matter. Having an attorney on your side will help you make sure that the estate and assets of your loved one’s particular case are handled in a proper and legal fashion. Click Here To Contact A Texas Probate Lawyer Today!Probate Law in Texas
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