The loss of a loved one is always a tremendously sad and painful time for anyone. In addition to the emotional issues a person faces, there are important legal and financial obligations that must be dealt with.
We Are Ready To Help
Most people feel overwhelmed dealing with estate issues after suffering the loss of a loved one. We can step in and take over the burden of resolving the legal matters associated with the estate so that you can focus on yourself and your family.
We welcome the opportunity to schedule a complimentary consultation with you so that we may provide you with valuable information that will be beneficial to you in resolving your legal matter.
When you are ready to proceed with resolving the legal matters confronting you we are here to assist you and your family with all the required phases involved in probate, estate administration and estate litigation, including:
- Filing a will for probate
- Filing for administration
- Securing authority to distribute estate property
- Gathering assets of the estate to be distributed
- Dealing with creditors or claims against the estate
- Will and trust contests, challenging or defending wills and trusts when allegations are made that the will or trust documents were executed by fraud, duress or undue influence
- Filing inventories
- Prosecuting and defending probate contests
- Probate/administration litigation
The executor or administrator or heirs of an estate have several legal duties and responsibilities. It is important to know the rights and obligations in connection with these legal duties and responsibilities. It is also important to be prudent and diligent in making certain your loved ones final wishes are followed in the manner they chose.
Gathering, distributing and providing an accounting for all of the assets of an estate can be difficult and time consuming. Filing for probate or administration must be done within the applicable statutory deadline; otherwise any filing may be permanently barred. It is important not to distribute any of the estate property until a judge signs letters testamentary, letters of administration or some other order authorizing estate distributions.
Estate and Trust matters can be emotionally overwhelming and extremely difficult to resolve. Some of the most stressful and emotional legal issues involve family members and friends fighting over the estate and assets of a deceased loved one. Many times friends and family members are at odds with one another while trying to cope with the anguish and stress that occurs with a recent death.
Disputes over wills and trusts can be very confusing because the way family members view the assets of the estate may be very different from how the law sees it. Many times family members see themselves related to each other and may assume they have certain rights and authority over a loved one’s estate because of their familial relationship. This is a dangerous assumption. The law can make things extremely complex because it typically doesn’t view the family as a group, or an estate as a family matter, rather it sees each person as an individual, each with his or her own rights. Because the individual rights of the family members may lead to adverse interests in the estate, disputes can arise, feelings can be hurt and litigation may ensue.
To resolve these legal disputes it is imperative not only to secure representation with a legal team that understands and practices Texas probate law, but also a firm that is experienced in civil litigation.
There is a difference between “estate planning” and “estate and trust litigation.” Many lawyers that do estate planning create legal documents, including wills and trusts, and may offer legal representation to probate or administer an estate in court. While we offer our clients some of the same services an estate planning lawyer would offer, our attorneys focus on contested estate and trust matters resulting in litigation. It is our belief that the litigation experience of our attorneys is beneficial to clients embroiled in contested probate and trust lawsuits. In the litigation setting Schorr Law Firm attorneys are experienced and well versed in the rules of civil procedure, evidence and discovery.
If there is a possibility that family members or friends will disagree with or contest certain aspects of an estate, it is imperative to seek legal counsel early before any estate distribution occurs so that proper steps can be taken to protect yourself, the estate and family members.
Unfortunately, in many cases people wait to seek legal counsel until after significant problems arise that potentially could have been averted early on with proper legal advice and guidance from a competent and experienced legal advocate