Austin Probate Attorney
Probate - Settling an Estate or Contesting a Will
In the state of Texas, unless the deceased has left everything in a trust, every estate must go through probate. In general, probate refers to the process by which a decedent's estate is settled. This involves determining the total assets and debts of an estate, settling certain debts with creditors, and assigning assets to heirs. If the deceased left a will, the will must be executed accordingly. In some cases, a will may be contested if there is reason to believe the deceased was not of sound mind when he or she created it or was the victim of undue influence. In cases where a will contest is not involved, the probate process in Texas is a relatively simple and straightforward process. At the Law Office of Gregory Hitt, I help people avoid unwanted legal complications and confusions during probate. My office assists with determining the assets and debts of an estate, filing all necessary paperwork in this regard.
If you are settling the estate of a deceased family member, contact Austin, Texas, probate attorney Gregory Hitt today to schedule an appointment and learn how my office can help you avoid unwanted complications and delays.
Surviving Spouses and Probate
A common mistake on the part of surviving spouses is thinking they do not have to go through probate since they are on the mortgage or named in the deceased's will. However, if a surviving spouse does settle the deceased's estate through probate, their children may encounter different kinds of financial and legal problems once the surviving spouse dies. Specifically, surviving children will have to prove that the family home passed to the surviving spouse once the first spouse died. There are other issues which can arise as well which I can explain and help you avoid.
At the very least, I can review your situation, your assets, and your existing estate plan and determine whether or not you, as a surviving spouse, need to go through probate.
Contested Wills and Probate
Contesting a will involves determining whether or not a decedent was manipulated or coerced into changing their will or of unsound mind when drawing a will. While each case is different, in general, the court will review the actions of a person who stands to benefit from a will and what, if any, role they played in the drawing of a will. For example, did a beneficiary find and hire the lawyer who drew the final will? Were a required number of witnesses present? Did the beneficiary notify other family members this was being done? Were other family members forbidden access to the will by the beneficiary?
Alternatively, if a decedent had Alzheimer's, Parkinson's disease, or was taking powerful drugs, questions may arise over whether or not he or she was of sound mind when a will was drawn. Here, medical issues will be considered, as well as timelines and any evidence of undue influence.
Contact Austin, Texas Probate Attorney Gregory Hitt Today
If you have questions about probate or are a surviving spouse and would like to know whether or not you need to go through probate after the death of your spouse, contact Austin, Texas, probate attorney Gregory Hitt today to schedule an appointment and discuss your case.