The death of a loved one, in and of itself, can be a very difficult and trying time for the entire family. On top of everything else, there is often interfamilial strife that rips through the family and the hassle of responding to creditors who seek payment from the deceased estate. At Michalk, Beatty & Alcozer we don’t make light of the situation our clients are going through. As family men ourselves, we understand the importance of close family relationships. That is why we do our best to help our clients not only put a plan in place but we also assist in the distribution of the estate thereafter.
Whether you want a last will and testament or need help administering a loved one’s estate, we can help. Please contact us if you have any questions.
Below are some ways we may be able to help you:
Transactional
Last will and testament - Document instructing a court on how to distribute a person’s property in the event of death and appointing an executor to administer the estate as an independent or dependant administration.
Durable Power of attorney - Document that authorizes someone to make business and financial decisions on behalf of someone else. This creates an agency relationship that can be very broad or very narrow depending on the desire of the principal.
Medical Power of attorney – Document that authorizes someone to make medical decisions on behalf on someone else. This is often used for spouses, children and grandparents.
Trust – Creating an entity whereby the settler (person creating the entity) delivers property to a trustee for the benefit of trust beneficiaries (including the settler if desired) with the intent to create a trust and for a lawful purpose. Trusts can be revocable during the settlor’s lifetime or created irrevocable. There are various reasons to create a trust, including avoiding some estate taxes, avoiding creditors claims and providing support to children contingent on the discretion of another person or based on the need for support.
Litigation and Probate Matters
Serve as executor’s or estate’s counsel
Serve as will contestant’s counsel
Guardianships
Attorney ad litem
Texas Estate Administrations
Independent Administration – With an independent administration the executor of an estate has very limited oversight by the court. Instead the independent executor appears in court usually only to probate the will and file an inventory. Further, the independent executor must provide an account at certain times.
Dependent Administration – During a dependent administration the court supervises the administration of the estate and the executor must seek court approval and order for most actions taken on behalf of the estate.
Statutory Heirship Proceeding – This procedure is used when a person dies without a will, when there is not a need for formal administration and there is some real property in which a filing must be made in the real property records (i.e., title to the deceased home). This proceeding basically lists the heirs of the deceased person and the shares each is entitled to take pursuant to Texas intestate succession law.
Small Estate Administration – Small estate with a value less than $50,000 can be administer in a quicker, more stream-line administration. This is less costly and faster than other estate administrations.
Muniment of Title – This process provides for a link in the chain of title to real estate property when there is no need to administer the estate or have an executor appointed. A muniment of title functions basically as a deed. Note, however, this is only available when there are no unpaid debts in the estate.
Nonstatutory Heirship Proceeding – This proceeding is used to clear title to real property by using affidavits from close family friends and neighbors testify as to the relationship between a deceased real property and his or her heirs at the time of the deceased’s death.
Temporary Administration – Sometimes a court will temporarily appoint someone to administer an estate. The temporary administers powers are very limited and must be granted by the court.
