Awesome Attorneys

Category: Estate Planning & Probate

  • Guardianship Attorney Austin: What the Ward Keeps and What the Court Must Find

    A Texas guardianship does not erase a person’s legal rights. That is the detail most families never expect when they start looking for a guardianship attorney Austin probate courts see every week. State law spells out twenty-six specific rights that a ward keeps. Those rights survive even after a judge appoints someone else to manage…

  • Intestate Succession Austin: How Texas Decides Who the Heirs Are

    Intestate succession in Austin means a court must declare who the heirs are when someone dies without a will; until then, a house can’t sell and a bank account can’t close. Texas law sets a fixed order of heirs, and a small estate affidavit is available after 30 days if non-exempt assets don’t exceed $75,000…

  • Probate Attorney Austin: The Calendar a Texas Estate Runs On

    A probate attorney Austin families call after a death usually starts the conversation with dates, not disputes. Texas Estates Code § 256.003 sets the outer limit on the whole process. A will cannot be admitted to probate after the fourth anniversary of the testator’s death. Miss that date, and the estate falls into intestacy rules…

  • Wills Attorney Austin: The Three Routes a Texas Will Can Take

    Texas law recognizes three separate ways to make a will, not one. A wills attorney Austin residents call will usually ask which route fits before touching a single clause. Most people assume you need to be 18 and nothing else. Texas Estates Code § 251.001 says otherwise. Marriage and military service open the door too,…

  • Guardianship Attorney San Antonio: The Alternatives the Court Must Rule Out First

    A Texas probate court cannot create a guardianship just because it would make life simpler. It has to rule out the alternatives first. That is why a guardianship attorney San Antonio families consult usually reviews paperwork before pleadings. Tex. Est. Code § 1101.101(a)(1)(D) sets that finding at clear and convincing evidence. The court must find…

  • Intestate Succession San Antonio: Two Different Tables, One Common Trap

    Dying without a will in Texas does not mean the surviving spouse takes everything. Sometimes it means exactly that. Sometimes the opposite. Intestate succession San Antonio outcomes turn on a question most families never think to ask. Was the property community or separate? Texas intestate succession runs on two tables, not one. That fork is…

  • Probate Attorney San Antonio: The Fork Between Independent and Dependent

    Texas lets an estate representative act without returning to court for permission. Most states do not. That mechanism is independent administration, and it is the first thing a probate attorney San Antonio families hire looks for in the will. But the fork runs deeper than paperwork. The other road is dependent administration, where the court…

  • Wills Attorney San Antonio: What Has to Be True in the Signing Room

    Texas will validity turns on a few minutes in one room. That is why a wills attorney San Antonio families consult spends more care on the signing than on the bequests. Tex. Est. Code § 251.051 asks for three things. A writing. A signature. Two credible witnesses, each at least 14 years old. Careful drafting…

  • What Happens to Your Debt When You Die?

    The short answer to what happens to debt when you die is the one that matters most to a grieving family. If the debt can be paid, the estate pays it. Relatives are generally not personally on the hook for it. That rule answers most of the fear behind the questions families ask in the…

  • How to Choose Who Holds Your Power of Attorney

    The person you name in a power of attorney will be able to sign your name, move your money, sell your property, and make decisions you can’t undo — so the choice is about trust and competence, not about who would be hurt if you didn’t pick them. Most people default to a spouse or…