Probate Lawyer in Houston Texas
  • Home
  • Probate Lawyer in Houston Texas

Probate Actions:

What is Probate?

Probate is often used as a misnomer to refer to the entire legal process of administering and settling the estate of an individual who has passed away. This entire process is generally referred to by lawyers as an administration. Legally and technically, probate is the just the actual proving the validity of a Will in a Court of law.

In his probate practice, he has had the honor of representing Bank of America as executor in multiple probate matters. Of course, he have also represented individuals in probate matters small and large in and around the greater Houston metro area and South East Texas, including Fort Bend, Harris, Brazoria, and Jefferson Counties.

With a Will

With a Will, the process to get your inheritance is not terribly complicated. For the Court to approve a run-of-the-mill Will is infinitely simpler than when someone dies without a Will. So, a Will, even a hand written Will, greatly reduces the costs and work related obtaining your inheritance. This is why having a Will can be a great gift to your family. You are not leaving them a mess. Your legacy would be one of care and compassion, and you know to whom you would be leaving your property.

Without a Will

Without a Will, the process to receive your inheritance becomes more complicated. Though, there are some options that do not require a lot of Court involvement, sometimes these options are not a great fit. In those cases, getting your inheritance without a Will can often be costly and take a significant amount of time. Like I wrote above, this is why leaving a Will is a great service you can do for your family. It is best not to leave them in a position where they face delays. And, dying without a Will opens your family up to situations where infighting can occur. Surely, no one wants their legacy to be the mess and pain that they left their family.

Emergency Administration

Without a Will, the process to When someone dies, with a Will or without a Will, no one has the power to do business in the name of the person who died. Because of this, you can sometimes run into situations where an emergency occurs. An example of this would be someone dying while their house is under contract, or even, being able to buy water and hay to keep cattle fed (yes, seriously). In situations like these, there is a process called a “temporary administration” where you can have the Court appoint someone to make sure the value of the estate is not harmed by the length of the probate process. Of course, if you know that your family might face a situation like this, some good estate planning can help. For example, a revokable living trust can help avoid the delays of probate. Read more about revokable living trusts here.

Other Issues

There are also other issues related to probate such as resolving family disputes with a family settlement agreement or trying to get the Court to approve a lost Will. On the subject of a lost Will, you may also run into issues of trying to gain access to a safety deposit box in order to search for a Will that may or may not be lost. All of these issues are things with which a probate attorney near you, like my Firm, can help you.
Image

Integrity First

He upholds the highest ethical standards, ensuring honesty and transparency in all client interactions.

Image

Client centric excellence

His clients are the heartbeat of his practice. he prioritizes their needs and objectives, delivering client-centric excellence at every stage.

Image

Advocacy for justice

He is driven by a deep-seated passion for justice. Advocacy is not just a part of his practice; it's his purpose.

Why is Probate needed?

star  Probate allows for legal oversight of the transfer of property from someone who passed away to another individual. Among other reasons, the process is important to ensure:

  1. The intended recipient receives the correct and intended property; and/or
  2. An individual buying property from an estate knows seller has a legal right to sell the property.

Common Probate Options:

Not every estate needs nor has to have an administration. In fact, the law requires a need to administer the estate before the Court will open an administration. Whether there exists a need and the type of administration needed requires the careful consideration of multiple factors. Because of this complexity, consulting with a probate attorney before taking legal action may be helpful.

There are three major types of administrations:

star Independent administration;
star Dependent administration; and
star Temporary administration.
 

If the person died with a Will and there exists, and you timely applied to probate the Will, you are generally limited to:

  1. Probating the Will and instituting an administration; or
  2. Probate the Will as a muniment of title.

If the individual died without a will, things get a bit more complicated. However, selecting the appropriate option can be difficult and is best to consult with a probate attorney to help pursue the correct option. Some of the options include:

star An heirship proceeding and (in)dependent administration;
star An affidavit of heirship; or
star A small estate affidavit.

    *Please do not include any confidential or sensitive information in this form. This form sends information by non-encrypted e-mail which is not secure. Submitting this form does not create an attorney-client relationship. Once I have read your submission, I may contact you for more information or to arrange for a consultation with you.

    Contact us to schedule a consultation

    Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome you to submit your claim for review. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.