Articles Tagged with Kaufman County Probate Attorney

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Probate in Texas is meant to be a relatively simple process, but that is not always the case. In fact, it is downright intimidating for most people and the thought of having to go to court to have a Court oversee the work done by the administrator of the Estate can be almost too much to bear on your own. Here at Guest and Gray, our goal is to provide you with the best possible representation so that you may have the Estate of your loved one administered in the fastest, most effective manner possible. In Kaufman and Rockwall counties, there are no statutory probate courts, so the process takes place in the county courts at law. We are long-time faces in this legal community and have the resources and knowledge to guide you through this difficult process.

In order to give you an idea of what the process is like to have an Estate probated in the Rockwall and Kaufman County courts is like we have prepared a quick overview of this process and why it is so important to hire an attorney:

  1. A Petition for Probate must be filed in the Court where the deceased party resided. This requests the appointment of an executor. If there is no Will, the Court will appoint someone to serve as the Personal Representative of the estate.  Notice must be given to all heirs and beneficiaries, as required by the court.
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Guest and Gray, P.C. is a full-service law firm that offers our clients in Rockwall and Kaufman counties a wide variety legal services. One of those services is estate planning services. When speaking to clients and potential clients, the biggest misconception that we find is when speaking about the full scope of what an estate plan actually. Most people assume that a Last Will and Testament is the estate plan. Boom. Done. However, the Last Will and Testament is simply a piece of an estate plan.

A basic estate plan typically includes 5 separate documents: the Last Will and Testament, Durable General Power of Attorney, Medical Power of Attorney, Physician’s Directive (often referred to as the “living Will”), and a HIPAA release. Now, not everybody will need the full basic estate plan, however, in all likelihood, you will need at least a combination of the above. Why? because it helps to provide you with certainty as to what will happen to your belongings or affairs should you pass away or become incapacitated.

In estates with large assets you may also want to set up a trust. There are several reasons for wanting to do this, some of which are tax reasons (and to obtain those reasons, contact your CPA), and others where you want to avoid the potential issues that arise in probate. If you transfer your assets during your lifetime into a trust, then the need for probating an estate becomes virtually nil and the trust just keeps on trucking along after you pass away. Good right? Can be. In counties like Rockwall and Kaufman, where you have an influx of high income individuals (Rockwall county is the wealthiest county in Texas according to 2016 Census reports and Kaufman county is exploding with development and new mid-to-high-end home starts). This creates a lot of reasons why you may want to think about adding a trust to your estate plan.

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