Probate & Admin

The McCrory Law Firm can help you prepare your will to leave your estate to your loved ones, friends, charities, educational institutions. We can assist you with trusts to care for children or an elderly parent.

WHEN DEATH OCCURS

When death comes to a loved one, the McCrory Law Firm will explain in simple terms the law in Texas and help you understand whether your case will require anything to be done in order to pass title to assets of the deceased on to family members or beneficiaries and whether administration is desirable to eliminate or limit debts. We will provide you with a free initial conference and provide you with the necessary information to enable you to determine what course will be required to resolve issues of debts and assets of the deceased loved one. It may be that no action is necessary. The needs of each estate will dictate the procedure(s) available to you. If probate of a will or administration of the estate is required or desirable, the McCrory Law Firm will assist you in getting the estate settled with the least cost and in an expeditious manner commensurate with your objectives.

The McCrory Law Firm will assist you and represent your interests if you are a beneficiary under a will or heir at law of an estate. We can advise you when you have the right to seek appointment as administrator or executor of the deceased's estate and when it is advisable to have an administration. And, we can advise you on whether you should contest a doubtful will adversely affecting your rights and interests in the estate of a deceased. We can help children of a deceased adopted or left out of a will to establish their rightful claim under the estate of a deceased.

The McCrory Law Firm also has the experience to determine whether there might be other claims which you or the estate may have and should bring against others. These may include wrongful death and survival actions against a third-party responsible for the resulting death of your loved one.

We will assist you when it becomes necessary to obtain a guardian for a minor or disabled adult. Generally regarded as cumbersome and costly, a guardianship sometimes offers the only viable alternative available to help those unable to care for themselves or their affairs or to deal with unattended minors. We can assist your evaluation of the need and desirability for a guardianship.

LEGAL SERVICES

The McCrory Law Firm has successfully led clients in Dallas, Collin, Denton, Smith and Tarrant Counties through various types of probate and administration procedures. We will confer with you and find a solution to whatever problem you have encountered whether that may be learning your legal rights and/or instituting litigation to establish or contest rights of claimants or heirs.

Call or email and let us help you with your case!

*We provide free consultation sufficient to permit us to determine if we can be of assistance to you. There is no charge if we cannot assist you. Fees are charged if we accept your case. We do not provide free legal advice, however.

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PROBATE PROCESS

Probate is the process provided by law to establish whether a will is the valid last will and testament of a deceased. The probate of the will may or may not require an administration in conjunction with the probate. The probate is a manner of passing title to the assets of the deceased as set forth in the will of the deceased.

INTESTATE SUCCESSION & HEIRS

Intestate succession is the order established under the laws of the State of Texas of family members entitled to inherit the property of a deceased in the absence of a valid will covering its disposition. Persons entitled to inherit under intestate succession are called heirs. Thus, if a will is not valid or the property is not covered by the will, the laws of intestate succession will apply. Factors determining the heirs entitled to inherit from a deceased include whether the property of the estate is community or separate and whether the deceased was married and any children were the children from another marriage or union.

Should an issue arise as to who are the heirs of the deceased, the McCrory Law Firm can determine the legitimate heirs of the deceased entitled to a share of the property of the deceased's estate and assist you in establishing those interests in that estate through a procedure known as a determination of heirship.

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ADMINISTRATION

Administration is the process for establishing assets, debts, creditors, the percentage of each beneficiary or heir of an estate, efficiently managing a business or other operations owned by an estate, the liquidation and division of assets, the payment of valid claims of the estate and, finally, the transfer of the estate assets to the beneficiaries or heirs entitled to them.

INDEPENDENT ADMINISTRATION

Independent Administration refers to limiting the court's direct supervision of the administration of an estate with the court's approval. This can be done by the terms of a will or by agreement of all of the heirs or beneficiaries of an estate. Although the fiduciary is charged with adhering to the same laws under the Texas Probate Code as a dependent administration, it is generally not necessary to seek prior approval for or report of actions to the court after appointment and the filing of an initial inventory and list of claims of the estate.

The advantage to this type of administration is primarily cost savings and time efficiency.

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CONTESTS

McCrory Law Firm assists clients with contests of any of the foregoing procedures.

GUARDIANSHIP

A guardianship may be of the person (physical custody) or estate (assets) or both. And a guardianship may be a beneficial or sole remedy available for a minor or disabled adult. An adult can select their preference for the appointment of a guardian for a beneficiary, their child or themselves should they become impaired either physically and/or mentally. Absent their disqualification to serve, the Court will appoint the persons, in the order of preference, as determined by the parent or adult.

The guardian of the person is responsible for the physical and emotional needs of the ward (person for whom the guardianship was established). The guardian of the estate of a ward is required to manage the assets of the ward and to give accountings of it annually. This may include bringing and defending lawsuits on behalf of the ward.

Guardianships are normally for extended periods of time and depending upon facts of the case, may be costly. However, sometimes they are the only vehicle available to assist a minor or disabled adult.

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McCrory Law Firm

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McCroryLawFirm.com

214/369-9918

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