League City Probate Attorney
Helping Families through the Probate Process in the League City, Friendswood and Clear Lake Areas
Probate is a complex process that occurs at an emotional time for any family. You don’t have to face this task alone. By understanding the basics of the probate process, you and your family can be better prepared for the difficult tasks that lie ahead. Never hesitate to discuss your situation with a League City probate lawyer.
A General Overview of the Probate Process
After a person dies, probate is opened by filing a case with the probate court in the country where the death occurred. If there is a will, it is submitted to the probate court for approval. (Other beneficiaries might submit competing wills if more than one exists. The court will then have to determine which one controls.) If the person died without a will, Texas intestacy laws will dictate what happens to the estate. These are laws that determine the order of succession. A surviving spouse is given priority, then children, then parents, then siblings, and so on through more distant relatives. These are default laws that only apply when there is no will.
The court will then appoint an estate administrator (also known as an executor) to manage and distribute the estate. If an executor was named in the will, this person will usually be appointed so long as he or she is willing and able to serve as executor. Beneficiaries can also challenge an appointment for good cause (for example, if the named executor has been convicted of theft for stealing from another person’s estate). If there is no will or the will does not name an executor, the court can accept nominations and choose an administrator.
The Rights and Responsibilities of the Executor
The executor has fiduciary duties to the estate. This means that he or she cannot put personal financial interests before the financial interest of the beneficiaries. The executor also has the duty to prevent waste of assets. This means that valuables should be stored securely, homes must be maintained until they are sold or transferred to beneficiaries, and cash should be deposited with an accredited financial institution.
An experienced probate lawyer can help executors understand their responsibilities to ensure they fulfill their obligations properly. An attorney can also help executors understand their rights in order to use all their authority to create an efficient plan for estate administration. Beneficiaries can also benefit from the advice of a probate lawyer. Beneficiaries have the right to sue estate administrators who do not fulfill their obligations, commit fraud, allow waste to occur to estate assets, or otherwise deprive beneficiaries of their full interest in estate assets.
An Experienced League City Probate Lawyer for Questions About Texas Probate Law
The probate process is an overwhelming task that occurs at an emotional time. You don’t have to face this daunting process alone. Attorney Rob Musemeche has helped many League City families protect their legal rights by securing their financial interest in an estate, and ensuring that their loved ones’ wishes are carried out by the probate court and estate administrator. Call 281-475-4145 or contact us online to schedule your consultation with an experienced League City probate attorney.