TEXAS PROBATE ATTORNEY
Jac Schuster is the best probate attorney I ever met he stays in contact with his clients he is always on top of his cases and he makes sure his clients needs come first I highly recommend this attorney
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FIXED FEE/FLAT FEE IN UNCONTESTED CASES!
BUT IF IT’S A FIGHT —
WE FIGHT TO WIN!
PROBATE LITIGATION
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QUESTIONS?
Look no further!
Our team of experienced professionals is here to guide you every step of the way.
We pride ourselves on our ability to make the process as smooth and cost-effective as possible.
Whether your estate is small or large, simple or complicated, we’re here to protect your interests and help you secure the inheritance you deserve.
Trust us to be your advocate, whether there’s a battle to be fought or a storm to be calmed.
With our flat fee pricing in almost all cases without a fight, you can rest assured that you’re getting the best value for your money.
What is Probate?
Probate is the legal process of collecting someone’s assets, paying their debts, and distributing the remaining assets to their heirs after they die. This may involve taking a will to court for approval, filing documents with the court, or even doing nothing at all depending on the situation.
If you’ve lost someone dear, inherited property, are dealing with creditor calls, or have a simple estate but need legal help, we can assist you.
We can also help in situations where families are fighting over the inheritance, you have no money except the inheritance, or you’re a real estate agent dealing with a property stuck in probate.
Call or chat with us today to learn more!
What are the steps to complete Probate?
1. Go to court to get authority to complete the probate
2. Gather Assets of the estate
3. Pay any bills owed by the estate
4. Complete final tax return for the person we lost
5. Ensure all disputes among the heirs are resolved
6. Distribute the remaining assets to the heirs
Call or chat with us today to learn more!
What if everyone is fighting?
When there is a fight among the heirs to the fortune, it is a regular lawsuit and you need to hire an attorney with experience in probate litigation. There are many many flavors of battle . . .
Probate battles:
- Will challenges
- Fake will
- Incapacity (dementia or other)
- Undue Influence
- Will is not properly done
- Theft of Assets
- No Will
- Heirs not heirs
- Theft of Assets
- Proposed Administrator not qualified
- Executor removal
- Theft
- Not paying creditors properly
- Not pay heirs properly
Trust Battles:
- Trustee removal
- Trustee Theft
- Trustee failure to pay
- Trustee hiding assets
- Trustee failure to disclose trust activity
- And more . . .
Call or chat with us today to learn more!
When Someone dies with a will
Independent Administration
If there is a properly drafted will and says that there is to be an independent administration and no bond, then the estate may qualify for “independent administration” which means that we do not need to go back to court and get the judges approval for everything — we are independent of the judge. This is the most common probate procedure.
Click here for more information about Independent Administration
Dependent Administration
Dependent administration should be avoided in my opinion — you have to take your lawyer with you every time you go to court. We will discuss this option before we consider it.
Click here for more information about Dependent Administration
Probate of Will as a Muniment of Title
If there is a properly drafted will and the estate has no debts (other than secured debts such mortgages on real estate or car loans), the estate may qualify for this simplified procedure. The judge will simply order that the will is valid and they we must do what it says. With this, you do not need an executor, we file it with the deed records to move the house to the new owner, and us it at the DMV to move cars and also bank accounts. We have to be careful, some banks will not accept this form. Usually I do an independent administration in those cases. No big deal.
When Someone dies without a will
When Someone dies without a will — but the estate is worth less than $75,000
Small Estate Affidavit
If there is NO will and the estate is worth less than $75,000 (not including the homestead and certain non-probate assets), the estate may qualify for this procedure. The debts must be less than the assets available. The cost depends on the number of heirs and the difficulty in reaching them but is generally much less expensive than an heirship proceeding.
You can do this yourself without a lawyer. Only in rare cases do we help clients fill it out. It is very challenging to do, you MUST fill out the forms carefully!
If we do the forms, you would be responsible for arranging with heirs to get all signatures and appropriate notaries completed. (We can notarize for free of course when scheduled)
Warning: if property passes to minor children, it still may be necessary to establish a guardianship or court controled trust, which requires a lawyer and can be very costly.
Click Here for more information about Small Estate Affidavits
If a Small Estate Affidavit cannot be done . . .
Heirship Proceeding – Determination of Heirship
If there is NO will and the estate does not qualify for a small estate affidavit, then it may be necessary for a judge to determine who the heirs are.
In this probate process, the judge appoints an “attorney ad litem” to represent the interests of potential or “unknown” heirs. The exact cost depends on the number of heirs and the complexity of the estate Also, if property passes to minor children, it may be necessary to establish a guardianship.
Once this proceeding is done, we have an order that shows who inherits which can be used in place of the will to show the world who inherits.
We also apply for you or yours to be the administrator of the estate so bills can be paid and ultimately remaining assets paid to the heirs.
We provide everything you need, including deeds and other documents to finish the probate.
Click Here for more information about Determination of Heirship
Questions and Answers about Probate
Do you represent someone being denied their inheritance?
YES!
Our firm has extensive experience in probate litigation. There is no way to know how long the battle may last. A non-refundable initial retainer of is required. You would have to replenish the retainer when it is exhausted. Call for a free consultation.
If the estate is worth more than $100,000, the case may qualify for a contingent fee arrangement. You would be responsible for court costs of around $400 or more, but the attorney fees are covered by a portion of the proceeds if we win the case. No cost if we do not win other than court costs.
Call and arrange for a free consultation with the attorney to discuss your situation.
Do you represent someone without any way of paying?
YES!
If the estate is worth more than $250,000, you may qualify for a contingent fee arrangement. Call for a free discussion with the attorney. This is commonly referred to as a contingent fee agreement with the attorney where the attorney is paid a percentage of the estate as payment for services.
Click here to learn more about Contingent fee arrangements with us!
Do you help people from out of state who have property in Texas and need a probate?
YES!
Yes, we have experience in these cases — both cases with a fight or without a fight. In fact, there is a chance you may not need to travel to Texas at all. We can handle the real estate transfers for you without fuss.
Will you talk to me while we work through the probate?
YES!
Yes, you will have my personal cell number — not a lot of attorneys work that closely with their clients. Consider this carefully before you pick the big firm in their big offices that have to pay big bills. We actually care about our clients. No kidding.
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