Probate, Guardianship, and Estate Planning Lawyer
The experienced and dedicated lawyers of Soto Hernandez, LLP have over 20 years of experience and stand ready to represent you with your Probate, Guardianship, and Estate Planning needs. From the initial meeting, our lawyers will counsel you in an individualized compassionate setting to ensure that your Last Will and Testament, Durable Power of Attorney, and Guardianship documents are tailored to meet your specific needs. Properly drafted documents serve as the foundation from which to carry out your Estate Planning needs. From drafting your Estate Planning documents to representing you in court in your Probate, Heirship and Guardianship proceedings, the attorneys at Soto Hernandez, LLP will be there with you every step of the way.
Last Will and Testament
Your Last Will and Testament serves as the foundational document in your estate planning portfolio. There are 5 good reasons that everyone should have a Will:
- To distribute your property according to your wishes.
- To appoint the personal representative of your choice who will carry out the terms of your Will.
- To designate a Guardian for your minor children.
- A properly drafted Will reduces the costs in the Probate process by avoiding the necessity of an Heirship proceeding.
- To reduce conflict among your beneficiaries.
Durable Power of Attorney
A Durable Power of Attorney allows you to appoint the person of your choice to handle your financial decisions in the event that you can no longer do so. This is particularly helpful should you become incapacitated or in the event that you are traveling out of the country and are not able to manage your local business affairs. A properly drafted Power of Attorney not only helps you, but also helps your family members assist you with your financial and business matters.
Power of Attorney for Healthcare
A Medical Power of Attorney enables you to appoint a person to make your health care decisions in the event that you cannot do so. You can choose an individual that you trust, and one that will follow through with the medical decisions that are important to you.
The Probate process in Texas involves proving up the Last Will and Testament. It requires that an attorney prepare the application for Probate, attend the hearing to admit the Will to Probate, and then follow through with the post-Probate requirements of notice to creditors, inventory and distribution of assets.
Heirship and Estate Administration
If an individual dies without a Will, then an Heirship and appointment of an administrator will be required to complete the estate administration process. An heirship is a court proceeding to determine the heirs of the deceased and the respective shares of the estate. During the process, the Court will appoint an Attorney Ad Litem. The role of the Attorney Ad Litem, in an Heirship proceeding, is to account for all of the heirs and to then report back to the court with the findings. Collectively, all of the proposed heirs can determine who they choose to serve as the administrator of the Estate.
A Guardianship proceeding may be necessary where there is a minor child or an incapacitated adult who require someone else to manage their personal and financial affairs. There are two types of Guardianship proceedings: a Guardianship of the Person, and a Guardianship of the Estate. Both will require the appointment of an Attorney Ad Litem and the posting of bond.
Contact Our Probate Attorneys
If you or your organization would like a complimentary probate, guardianship, and real estate planning consultation, feel free to call Soto Hernandez, LLP at (713) 337-3911 to schedule your appointment.