Texas Will Probate Lawyer Probates Texas Wills for Families, Beneficiaries, and Executors including Texans and Out of State Beneficiaries and Excutors by Texas Application to Probate Will Lawyer Jason Coomer
Texas Will Probate Lawyer Jason Coomer represents families, executors, and beneficiaries who need to probate Texas Wills. Further, he represents Texans and family members from out of state who need to have a Will probated. He also defends and contests Wills. More specifically, he probates Wills, defends Wills, determines heirs, helps beneficiaries, and helps heirs in Central Texas. He practices in the Austin Area including Travis County, Williamson County, Bexar County, Bastrop County, and Hays County. He also commonly works with other Texas probate lawyers across Texas including Dallas, Houston, San Antonio, Fort Worth, Dallas County, Harris County, Fort Bend County, and Tarrant County.
For questions on a Texas Will Probate Lawsuit, will contest, taking an Estate through probate in a Texas Court, preventing a Texas Will contest, or fighting a Texas Will Contest, please feel free to e-mail Texas Will Probate, Will Contest, and Estate Lawyer Jason S. Coomer at TexasWillLawyer@texaslawyers.com or use our contact form to submit an inquiry regarding a Will Probate, Estate Probate, or Will Contest. Texas Will Contest, Estate Probate and Will Probate Lawyer, Jason Coomer helps heirs and beneficiaries through the estate process as well as helps protect the wishes of loved ones that have passed on and best interests of his clients.
A Texas Application to Probate a Will Is Typically Necessary When Significant Assets Are in an Estate
After a person passes, their family and loved ones need to determine if that person had a Will. If so, the person's Will and Estate should be reviewed to determine if a Will probate is needed. If there are significant assets in the person's estate, the Will probably will need to be probated. This is especially true if the person owned real property.
Texas Application to Probate Will Lawyer Probates Texas Wills
To probate a Will, it will need to be filed with the appropriate Texas court. This probate filing is called an Application to Probate a Will. This Will Probate Lawsuit also includes a hearing where the Will is probated by a Texas court. Once the Will is probated, then and only then is it recognized by Texas law. Prior to the Will being probated, the estate has no administrator and the Will has little to no legal or practical effect.
Failing to timely file a Will for probate can result in the Will being barred as a matter of law. Texas law allows four years to file a Will for probate. There are limited acceptions to this law and beneficaries in a Will should be aware of the risk of not timely filing a Will.
Many Families have Spread Out Across The United States and Throughout the World, Therefore it is Often Helpful to Hire a Texas Probate Lawyer to Assist with the Texas Probate Process and to Handle Estate Issues
Many families have spread out throughout the United States and around the World. For many families, gone is the time where several generations live with in a few miles of each other in the same town, city, or county. This disbursement of families can make it difficult, when a family member in Texas passes away. For the family member that lives out of state and have never been through the Texas probate process, Texas Probate Law and Texas Probate Courts can be overwhelming. At a time when they want to grieve the loss of their loved one, they are forced to deal with difficult issues. As such, it is often helpful to hire a Texas will probate lawyer to help take care of many of the probate issues. A Texas will probate lawyer can help "out of town" relatives through the probate process and taking care of the estate. This is extremely helpful when relatives and loved ones want to focus on the grieving process instead of learning Texas Probate Law and navigating Texas Probate Courts.
What Is a Will?
A Will is a written legal declaration of a person's intentions which he or she wants or wills to be performed after his or her death. The Will makes dispositions of property, sets up trusts, and establishes guardians upon a person's death. Under Texas law a Will must identify the Testator, be written with "testamentary intent", and be executed with requisite testamentary formalities. It also requires that the Testator have "testamentary capacity" including being of sound mind. Unfortunately, there are many Wills that do not comply with Texas law because of do it yourself Will drafting kits and people that create their own Wills that do not follow the formalities of a valid Will. Still other Wills are lost or stolen and have to be set aside. The first step in determining what to do with someone's estate is to determine if they have a Will and make sure that if you find the Will to put it in a safe location.
What Is a Will Probate?
A Will Probate is necessary to validate a Will and appoint an executor or administrator to handle the estate. Many times a Will Probate is an uncontested hearing that allows an executor named in a Will to obtain letters of administration in order to begin to manage that estate and begin to prepare the inventory of the estate.
What is a Will Contest?
A Will Contest occurs when there is something wrong with a Will. In some instances the Testator did not have actual "testamentary capacity" or "testamentary intent" to draft a proper Will. In such a situation the Will is not valid and interested parties including a beneficiary or heir that was disinherited or lost inheritance through the invalid Will can contest the Will as being invalid.
What are Common Grounds for a Will Contests?
There are several reasons that a Will may be contested including 1) the Will was written under the influence from another person, 2) the Decedent was not of sound mind when the Will was written, 3) the Will is a forged or fraudulent document, 4) the Will is not up to date and leaves out children or does not take into account a divorce or remarriage, 5) the Will was not witnessed or signed correctly, and 6) the Will was improperly done and does not comply with Texas law.
When can a Will Be Contested?
The Texas Probate Code gives interested persons two years after a Will has been admitted to probate to institute a suit to contest a Will. There are two exceptions to this rule that can extend this statute of limitations beyond two years. These exceptions include 1) contests based upon forgery or fraud or 2) contests brought on behalf of an incapacitated person (such as a minor) who recovers capacity.
Austin Texas Will Probate Lawyer Handles Probate Issues Throughout Central Texas
Austin Texas Probate Lawyer Jason Coomer handles Texas Probate matters including probating Wills, helping Executors, contesting Wills, filing Suits to Determine Rightful Heirs of property and estates, filing Affidavits of Heirship, filing Applications for Guardianships, fighting Involuntary Guardianships, filing Guardianship Reports, filing breach of fiduciary duty claims, and clearing title to property and assets.
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