Finding The Right Probate Attorney In Travis County, Texas: What Clients Want To Know

Probate procedures fall into that uniquely painful category of both emotionally heavy and bureaucratically dense processes. You should not have to go through them alone, but you might be having some trouble picking the right attorney to help you through it. This article will help you make an informed decision by explaining

• When you need to bring an attorney (and when you might want to bring one even when you don’t).
• Which questions and information your attorney should ask.
• The risks of going through probate without a lawyer in Texas.

What Is Our Experience Handling Probate Cases In Travis County?

For context, I have been specializing in probate since 2004. I have done countless probate administrations and conflict litigations. We have done everything from simple will probates to complicated airship situations.

What Do I Need To Bring To The Initial Consultation With An Attorney?

The most important thing to bring to your initial consultation with us or any other attorney would be the original will. If there is one, you should also bring the death certificate and a list of all the assets and debts that the estate owns and owes.

This way, your lawyer can best evaluate what kind of probate process is going to work and be the best for your situation, as well as identify and prepare for any potential complications or conflicts.

What Questions Will We Ask You During Our Initial Consultation?

Well, my goal as your probate attorney is to find the cheapest and simplest way to administer your loved one’s estate. Many of the questions that we ask will be to check against all the smaller informal probate processes and decide whether we have to go through a full formal probate.

For example, I will be asking questions such as,

• Is there a will? Do you have the original?
• Are there assets that need to be administered?
• Did they have a trust?

After all, sometimes there might be a will, but the only thing that the decedent owns is a bank account that has a pay-on-death beneficiary. In this case, there would be no need to actually go through the probate process.

Alternatively, if everything is in a trust, we don’t need to probate at all.

The goal of a good attorney should always be to find out what would be the fastest, cheapest, and most efficient way forward for the estate, and they should be asking questions from the start designed to identify the correct options.

How Do Travis County Probate Attorneys Charge For Their Services?

For probates, we usually charge by the hour. There are some flat fee services, such as for simple things like affidavits of airship or small estate affidavits. However, for longer probates or more complex situations, it is usually an hourly retainer.

Attorney Farren Sheehan is a caring Texas estate planning and probate lawyer. She has helped countless families just like yours through the administration of a loved one’s estate. When it comes to navigating the intricacies of the probate process, your legacy and estate will be in excellent hands with Attorney Farren Sheehan.

Overwhelmed by the Texas probate process? Trying to avoid it altogether? Contact Farren Sheehan today to schedule an initial consultation to discuss your situation.

What Are The Risks Of Not Hiring A Probate Attorney?

Well, if you were trying to probate a will, you are required by law to have an attorney assist. You will not generally be able to go through probate if you are probating as a minimum of title. There are certain exceptions, but in most cases, if you are going through the court, you will need to have a probate attorney.

Problems can also emerge if you do not correctly understand or interpret the law. If you do not retain an attorney or at least speak to one, you might make a mistake, such as assuming that the spouse inherits when actually the children do or vice versa. Some of these mistakes may even be costly, such as not knowing that there is a significantly cheaper format available or not realizing that you do not have to go through probate at all until you are almost done with it.

It is important to at least meet with someone and figure out the best path forward.

Can An Attorney Help Minimize Family Disputes During The Probate Process?

Family conflicts can be extremely stressful and, if they become legal battles, costly for everyone involved. For example, imagine a daughter who hasn’t spoken to her mother in 20 years. Or a son-in-law backing up a U-Haul during the funeral.

The most heartbreaking kind happens when families fall apart during probate over money, but it cannot always be prevented (though advanced estate planning can sometimes help avoid or minimize such conflicts).

As attorneys, however, we are duty-bound to the law and can often help reduce, avoid, or punish conflicts. If there is a will, we can identify the heirs and help them understand and obtain their inheritance. We can also negotiate for the best deal possible to avoid a conflict from then on.

What Steps Can Families Take Ahead Of Time To Make The Probate Process Smoother And Less Overwhelming?

There are many options for reducing conflict during probate. Some people can set up their estates ahead of time to avoid probate entirely by speaking to a probate and estate planning attorney to ensure they are making the right choices.

We see clients every year who bought some online trust, thinking that’s all they have to do. However, when they are not properly funded, and individuals do not understand what is expected, they often end up having to go through an expensive probate anyway.

There are also options like ladybird deeds and transfer on death deeds, pay on death accounts and beneficiary designations that can help you avoid or minimize probate complications. However, the best advice I can give is to speak to someone who focuses on estate planning to find the best solution for your family.

Still uncertain about talking to a probate or estate planning attorney?

For more information on Finding The Right Probate Attorney In Travis County, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 355-0155 today.