Douglas C Smith

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El Paso Family Law Attorney - Texas Military Divorce Lawyer TX Estate Planning Law Firm

Do you need a divorce lawyer in El Paso, Texas? If you live in El Paso or if you are residing elsewhere and need legal representation in El Paso County, TX, contact divorce lawyer Douglas C. Smith.

Law Office of Douglas C Smith
10514 Montwood Dr
El Paso TX 79935-2703
Tel: 915 593-6600

Texas Will Probate

El Paso Probate Law Firm

If you've been named executor of an estate and need help with the probate of the will and the administration of the estate, contact an experienced Texas probate lawyer at the Law Office of Douglas C. Smith in El Paso. I can help you probate the will and discharge your duties properly and efficiently.

Whenever a person dies, he or she leaves behind an estate. If there's no will, the Texas laws of intestate succession define the heirs and their rights to share in the estate. If there is a will, the executor - the person named by the decedent to effectuate his or her wishes after death - files the will in Probate Court and assumes the responsibility for administering the estate.

Because wills drafted by probate attorneys will normally be self-proving - that is, witnessed and notarized in such a way that no question as to the will's genuineness will appear on the face of the instrument - it will likely be accepted as the decedent's last will and testament, unless a later document of similar reliability is produced by a different executor. That's been known to happen, but would be very unusual. Then executors discharge the following duties:
- Notify known heirs
- Publish and advertise the estate for unknown heirs and creditors
- Identify and inventory assets
- Pay debts and taxes
- Handle claims against the estate
- Assemble the assets of the estate and pursue claims owed to the estate
- Submit a report and accounting of the estate and its income and expenditures to the Probate Court
- Distribute bequests and assets upon the completion of probate

Problems can arise in the administration of the estate - an heir might allege that the decedent was incompetent or under undue influence at the time of the last will and testament, or a creditor might overstate a claim against the estate. Heirs might also challenge the competence or honesty of the executor or the executor's agent or attorney. Probate litigation is sometimes necessary to resolve these disputes.

I have extensive experience in the administration of decedent's estates under the Texas Probate Code and can advise you through every step of the process. My experience can help small difficulties from becoming large and expensive estate administration problems. For specific advice about your probate situation, contact a seasoned El Paso probate attorney at the Law Office of Douglas C. Smith.

Probate, Estate Administration, Wills & Trusts

El Paso Probate Lawyer - Estate Administration

Texas Wills and Trusts Attorney

Estate administration includes the probate process as well as non-probate transfers of the deceased’s assets. Individual state laws direct the probate court how to distribute the deceased’s estate. State laws and procedures vary greatly, so it is important to consult a probate lawyer with experience in this area of the law to ensure that the deceased’s assets are distributed correctly.

Estate planning involves the preparation of documents to direct the distribution of personal assets upon death or other incapacitating event. This is done through the drafting of wills, trusts, powers of attorney, and other related documents.

* Wills: In Texas, any person over the age of eighteen and of sound mind may make a will. Each will is a unique and personal document that depends on the person’s wishes. However, state law provides certain requirements for the execution, revocation, and modification of wills. As a Texas estate-planning attorney, I can help you design your will so that your assets are distributed according to your wishes, and so that it complies with state law.

* Trusts: A trust is used to hold legal title to property for the benefit of one or more persons. Many types of trusts can be created under Texas law, including living trusts (revocable trusts), testamentary trusts (under your will), and charitable trusts, to name a few. I advise clients on what trusts are best for them, and help them prepare the trust. Contact our estate planning law firm today to see which trust will best fit your needs.

* Power of Attorney: Through a power of attorney, you can give someone else (your agent) the power to act on your behalf. Most people create this document in the event they become incapacitated. A power of attorney is an extremely powerful document. It provides your agent with broad powers to handle your property, and make various decisions about your medical care. (A medical directive, sometimes called a living will, can also be drafted for you.) A power of attorney should be carefully drafted. I can advise you on the specific provisions controlling this type of document. Contact me today to see how a power of attorney will best fit your needs.

* Probate: Probate is the process that transfers legal title of property from the estate of the person who has died (the "decedent") to his or her proper beneficiaries. Probate also refers to the process of proving the existence of a valid will or determining and proving who the legal heirs are if there is no will. I help clients manage the probate process. If you need a probate lawyer, contact me today for an evaluation.