Texas Estate And Probate Services

At Steve Ashley, Attorney at Law, I offer clients a broad range of probate, and estate services and administration, including:

  • Wills
  • Trusts
  • Power of attorney (POA)
  • Medical directives
  • Estate administration
  • Elder law

Appointing A Guardian Ad Litem In Elder Law Issues

In some cases, it is beneficial or necessary to have the court appoint a guardian ad litem. This person — which can be a family member, relation or attorney — looks out for the best interest of the elderly adult. In cases where there is a potential conflict of interest or where the elderly individual needs protection, a guardian ad litem can fulfill this duty.

Whomever is appointed as the guardian is given the legal power to conduct business on the elderly person's behalf and take care of the person.

If you are concerned about your elderly loved one receiving the care they need, please reach out to me. I will ensure that your loved one is being taken care of, that his or her property is protected and that the legal process is followed.

The Texas Probate Process

Many people are concerned about the probate process. You need not be afraid of this process if you have the guidance you need. As your attorney, I offer pragmatic, meticulous guidance through the process. I can file the application, attend hearings and work out the appraisal for the estate. If you are appointed as an administrator, I will make sure you understand your duties and obligations and ensure that you have the authority to do what you need to do.

5 Steps If There Is No Will

When someone dies without leaving a will, it is called "intestate." In Texas, we follow a process if this happens.

A concise explanation is:

  1. The uninterested witnesses are interviewed.
  2. The witnesses confirm that they have known the person who died and that there was no will.
  3. The natural heirs of the estate (such as spouse, children or siblings) are identified.
  4. The property is assessed as either community property depending if the deceased was married or not married.
  5. The court then appoints an ad litem that confirms what those interviewed said.

The timeline is subject to the court's docket, but the preliminary details are usually wrapped up within the first 30 days. This process needs to be done within four years of the date of death (DOD).

Texas Estate Taxes

Every state has its own threshold for estate taxes after a person dies. Please note that in Texas your family may not face estate taxes if the combined value of the estate is less than $5 million.

Get Compassionate, Experienced Help

Wondering how I can help? I offer a free initial consultation to hear about your situation and let you know what I can do for you. As an established estate planning attorney I offer years of experience and knowledge in this area of Texas law. Call 432-363-5904 and set up a time or send me an email message.