Probate and Estate Matters

Probate concerns the probating of wills in a court and the prosecution of or defense against a will contest, as well as the administration of estates of a deceased person who died without a will.

A Probate Court determines the validity of wills, enforces the provisions of valid wills, prevents wrongful acts by executors and administrators of estates, and provides for an equitable distribution of the assets of persons who die intestate, that is without a valid will, in accordance with the provisions of the Texas Probate Code.  The Probate Courts also handles guardianships.

The Probate Court can be petitioned by any part who has an interest in an estate, such as a beneficiary who feels that an estate is being mishandled or that he/she has not received his/her portion of the estate. The court also has the authority to compel, or force, the executor or administrator to give an account of his/her actions and to remove the executor or administrator forfailing to comply with his.her duties or for actions that are wrongful.

In larger counties there are courtd which handle no cases other than probate matters and are noted as Probate Courts.  In smaller counties, such as Johnson County, probate matters are handled in the County Court-at Law.

Estate Planning includes preparing wills, trusts, powers of attorney, medical powers of attorney, and directives to physicians.

In estate planning one goes through the process of deciding how to dispose of an assets in an estate in order to maximize the goals of the estate owner. Among the goals of estate planning are making sure the estate passes to the estate owner's intended beneficiaries and seeking to pay the smallest amount of estate tax. An added goal is to avoid or minimize a probate courts involvement in the estate. Also, a person may plan and provide for guardians for minor children.

A further matter of estate planning involves planning for incapacity, that is, where a person is not able to make decisions for himself because of a mental impairment, such as Alzheimers, or a physical ailment, such as being in a coma. This is accomplished through powers of attorney and directive to physicians.

At Davis Law, P.C., we offer the following services in the area of Probate and Estate:

  • Wills
  • Power of Attorney
  • Durable Power of Attorney (for personal business needs)
  • Medical Power of Attorney
  • Directive to Physicians
  • Will Contests
  • Probate of Estates
Practice Areas
Criminal Defense
Family Law
Personal Injury
Civil Litigation
Probate and Estate Matters
Creditor's Rights Defense
Oil and Gas
Real Estate
Civil Appeals
Contact Us
Address: Davis Law, P. C.
190 North Ridgeway Drive
Cleburne, TX 76033
Telephone: 817-556-3456
Fax: 817-423-7348
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