Wills & Probate Matters
Many Americans do not have a will or estate plan in place. What happens when a Texas resident passes away without a will or estate plan? When a Texas resident dies without a will, also known as dying intestate, Texas law dictates how it will divide and distribute the assets. If you would like to have a say in how to distribute your hard-earned assets at your death, it is crucial to create a will. Skilled estate planning attorney Bruce Turner can help you protect your assets through a will and estate plan. With over 35 years of asset protection experience and a Master’s degree in tax law, attorney Bruce Turner can advise you as to the best way to protect your assets in Texas.
Creating or Revising a Will in Texas
In Texas, a will is a legal document that gives the creator of the will the right to state his or her final wishes for asset distribution. It is wise to hire a Texas attorney to help you create your will. A will is not valid unless it meets the notarization requirements set forth by Texas probate law.
A legally valid will must be in written form, signed by the testator (creator of the will), and witnessed by at least two witnesses over the age of 14.
The will and probate attorneys at Bruce Turner Law consider all local, state, and federal laws involving the creation of a will. We will help you create a new will or revise your will in a way that maximizes the value of your assets.
Texas Probate Administration
The probate process involves step-by-step procedures for handling someone’s final affairs and distributing his or her assets. Typically, the deceased will name an executor or personal representative in his or her will to manage the distribution of the assets according to the will. Nonetheless, sometimes, conflict arises during probate administration. Are you the beneficiary of the will or the personal representative who is attempting to distribute the assets? If so, you may need the help of an experienced Dallas probate attorney to help you when conflict arises.
In most cases, creating a will helps to prevent potential conflict among beneficiaries after someone’s death. When a will is suspicious, however, a will contest may occur. If a will does not meet the legal requirements outlined in the Texas probate code, a probate court may invalidate the will. Evidence that demonstrates that someone exerted undue influence over the creation of the will or that the will was not properly witnessed can invalidate a will. At Bruce Turner Law, we have experience representing those contesting a will and, alternatively, those who are defending the will.
Other Probate Litigation
Sometimes conflicts arise even if there is not a will. For example, a common-law spouse might argue that he or she should inherit assets under the Texas probate code. Other times adopted children may need to seek legal representation to claim their share of the assets when one of their adoptive parents dies intestate.
If you need assistance creating or modifying a will or with the probate of an estate, the will and probate attorneys at Bruce Turner Law are here to help. Contact our Dallas law firm today to set up an initial consultation.