Probate and Estate Administration

Let us simplify the process of probate

Probate is the legal process whereby property is passed to a person's heirs upon their death.  The type of property and assets of the decedent determine which process is necessary.  An executor (when there is a will) or personal representative (when there is no will) oversees the probate process. This involves:

• Application to the court
• Attend hearing and "prove-up" the will
• Identifying and inventorying the deceased person's property
• Appraising the property
• Paying taxes and creditors with the deceased's assets
• Adequately distributing the property to the beneficiaries

If there is a will, the assets are distributed according to the instructions of the will.   If not, then Texas law determines who gets what and how much.

In general, property that the deceased owned individually has to pass through probate in order for ownership to transfer to his or her heirs.  Jointly owned property (if owned by right of survivorship) and the proceeds of life insurance, retirement accounts, and annuities generally pass to the surviving joint owner or the named beneficiaries without the necessity of probate.

There are several different or alternative processes involved in probate.  Not every probate procedure is right for every client. Sharpe & Associates attorneys select the simplest, most direct process available for probate and estate administration.

Probate can be a complex and difficult process for the family and all other concerned parties, but it does not have to be.   We can manage the process from start to completion, and take the details and effort out of the family's hands while keeping them fully informed of the issues involved.

Guardianship

Guardianship grants a court-appointed individual or entity the authority to make decisions for an incapacitated individual.  The court can deem a person incapacitated when he or she is unable to make informed decisions and cannot-

• Provide for his or her own basic needs (food, clothing or shelter)
• Properly care for his or her physical health
• Manage his or her finances
• Make decisions simply because he or she is simply a minor (under the age of 18)

The attorneys at Sharpe & Associates have worked with many families whose loved ones are no longer able to care for themselves due to developmental disabilities, disease, or injury.  We are sensitive to the emotional distress of those called upon to seek guardianship and our lawyers recognize that this responsibility can be made more difficult by conflicting emotions and a complicated judicial process.  We have the resources, understanding, and knowledge to guide you and protect the well-being of your family member who cannot care for themselves.

Placing a person under guardianship removes many civil liberties that citizens in America enjoy.   A ward may lose the right to-

• Manage his or her own affairs
• Choose where to live
• Consent to or refuse medical treatment
• Vote
• Drive

Because these rights are so significant, the court requires substantial evidence and documentation to substantiate incapacitation.  This is a complex process that requires the skill and experience of a qualified Texas guardianship lawyer.

A consultative, financially astute, and legally sound approach to estate planning and asset protection

Call Sharpe & Associates at 214-742-6065 (Dallas), 512-861-8202 (Austin) or contact us online. The Dallas office primarily service clients in Dallas, Tarrant, Collin, Denton, and surrounding counties. The Austin office primarily serves clients in Travis, Bexar, Williamson, and surrounding counties.