McKinney Estate Planning Attorney serving Collin County

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Probate

What do I do when someone dies?

Once you have had the funeral and gathered your loved one’s paperwork, it is time to meet with an attorney.  This meeting will involve determining which property of your loved one passes without the need for probate, and which property will need the judge’s approval before it can be distributed. During this meeting, we will discuss life insurance proceeds, retirement benefits, bank accounts, debts, and the appropriate court procedures that will need to happen to get your loved one’s estate properly handled.

What do I do if they didn’t have a will?

If there isn’t a will, we can still take care of any property that needs to go through probate, but we will have to follow different procedures. The way property is distributed must also follow the predetermined rules of law.  If your loved one had no debt and the total value of all assets is under $75,000, a Small Estate Affidavit can distribute property according to the rules of the State of Texas immediately to the beneficiaries.  This procedure is much more simple and less expensive than a full Administration and Heirship, but has strict requirements.

If the estate doesn’t meet the requirements above, we still have options! The administration and heirship procedure requires the court to hire an attorney ad litem. The ad litem investigates if there are any unknown heirs.  We will also help you gather the appropriate information and present it to the court.  The judge determines who the heirs are and appoints the administrator.  The administrator will then have the power to acquire your loved one’s property, pay any valid debts, and distribute the remainder to the heirs.

  • What if you've been divorced?
  • What if you don't get along with your parents?
  • What if your children need special care?
  • What if you think your brother who is less wealthy and clean cut than your sister would make a better guardian for your kids?
  • What if you haven’t found the courage to tell your family what you really want to do with your property should the unthinkable happen?
  • What if you have good reasons to disinherit a certain family member?

What if they did have a will?

If there is a will, we will discuss if we need to administer the will with an executor, or we can use a Muniment of Title.   A Muniment of Title is basically a transfer of title to the beneficiaries named in the will. This means that there will be no administration. This is the preferred method of probate when there are no debts.

If there are no debts, the procedure is still relatively simple in Texas and requires a prove up hearing, a notice to creditors, and an inventory.  We can help you with all of this at our firm.

What about estate taxes?

Here in Texas, there is no state estate tax. The new federal lifetime exemption rules put the exemption at $11,810,000.00 per person at the time of this writing.  This means that most people will not need to pay any estate taxes upon death.  We will still help you determine whether an estate tax return is necessary and help you file the appropriate paperwork.

Give us a call today to help you handle all the processes for the administration of your loved one’s estate!

. Call us today!

Will Preparation in Texas

Estate Planning Attorney

Estate Planning Wills Attorney McKinney TX

My name is Charlie and I am the owner of The Malolo Law Firm, PLLC. Our firm has been serving North Texas for the past five years, practicing estate planning, including wills and trusts.

Has your loved one passed away? Free 1 hour Consultation!  Find out about Small Estate Affidavits, Muniments, of Title, and Letters Testamentary. Get help administering their estate properly with the Malolo Law Firm today!

If you’re not entirely sure what you need, we offer a free one hour consultation to help you find the right estate plan. There are a lot of choices and we want to make sure you get what you want.

We have been serving the people of North Texas for the past five years. Read reviews from our clients on Google: goo.gl/bZEppQ, or at: https://mckinneyestateplanning.com/testimonials/

Call us today to schedule your free consultation:
(214) 620-2088 or book online now.

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