Best Probate Lawyers in Longview

FAQs

• What is the non-emergency contact number for the local police station in Longview, Texas?

  The non-emergency phone number for the Longview Police Department is (903) 237-1199.

• Where can I get a copy of police reports for incidents related to my case in Longview, Texas?

  To obtain a copy of a police report, individuals can make a request through different channels. They can submit a request via fax at (903) 757-5560 or visit the Longview Police Department directly at 302 W Cotton St., Longview, TX 75601. Another convenient method is to complete and submit the request online using the secure portal: https://longviewtx.justfoia.com/publicportal/home/newrequest.

• In Longview, what are some typical errors made by executors resulting in breach of duty claims?

  Executors often make certain errors that can result in breach of duty claims in Longview, such as:

  • Prematurely distributing property to beneficiaries
  • Making early payments to creditors
  • Neglecting to provide adequate updates to beneficiaries
  • Acting against the best interests of the estate
  • Failing to safeguard the estate's assets properly
  • Mixing personal finances with estate funds
  • Inappropriately receiving compensation from the estate

• What essential information should be included in an affidavit of heirship document in Longview?

  The affidavit of heirship in Longview should include:

  • The name and address of the person providing the affidavit (affiant)
  • The duration of time the affiant has known the deceased (decedent)
  • Decedent's name, date and place of death, and residence at the time of death
  • Family history of the decedent, encompassing birth and death dates of spouses and/or children
  • Decedent's marital history, including dates of marriages and divorces
  • Information about outstanding taxes or debts owed by the decedent
  • Indication of whether the decedent left a last will and testament or not
  • Details regarding any real estate owned by the decedent
  • Information pertaining to the administration of the decedent's estate, if applicable

• If you write your wishes down on a piece of paper and affix your signature, would that be considered a legally valid will in Longview?

  While it is possible that a will entirely handwritten and signed by the testator (known as a "holographic will") can be considered valid and admitted for probate in Longview, there are numerous potential complications with this type of will. It may not be recognized as valid by the court, and it may fail to distribute all assets. Additionally, not capitalizing on the efficient and cost-saving procedures offered by a formal will may result in higher probate expenses than a properly executed formal will. For these reasons, holographic wills are not advisable.

• Which specific documents would your probate lawyer in Longview request to examine?

  Your attorney in Longview will require the original will and a certified copy of the death certificate. If the death certificate is not yet available but you're eager to initiate the probate process, you can proceed without it and submit it later. Eventually, your attorney will require a thorough inventory of all the deceased person's assets, valued as of the date of death. This includes all financial accounts, investments, IRAs, insurance policies (regardless of who the beneficiary is), and any single- or joint-owned real estate.

• Are you allowed to sell the property included in the estate in Longview?

  When necessary, an independent executor in Longview can sell estate property, both real and personal, to cover administration expenses, funeral costs, expenses related to the final illness, and to settle claims against the estate. However, if the sale of real property is not intended for these purposes, the independent executor must have explicit authorization in the will itself to sell estate property. While most well-drafted wills include this provision, many do not, which can pose a challenge for independent executors. It is advisable to seek guidance from an attorney before proceeding with the sale of real estate.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.