Probate and Estates

If you want to ensure the Will is enforceable, the answer is generally yes. There are situations where families decide not to probate a Will, but this decision should be made after consulting with an experienced probate attorney. Failure to probate the Will within 4 years of death can make it difficult to probate/enforce later. Contrary to popular believe, a surviving spouse or only child DOES usually have to go through the probate process, even if all property is co-owned.

Letters Testamentary or Letters of Administration are documents generated by the County Clerk in a probate case in Texas. Obtaining these Letters requires a probate application, certain paperwork, and a hearing in court. An attorney generally must be involved in this process, preferably one experienced in probate law.

Fees for a probate lawyer’s services vary substantially depending on the attorney and the case. Ramsey Law, PLLC believes in transparency when it comes to fees. More information about our fees can be found [here]. Most of Ramsey Law’s services are billed on a flat fee based on the anticipated complexity and time involved, though hourly fees can also apply, depending on the situation. Ramsey Law fees are designed to cover not only attorney fees, but also court costs and other ancillary costs related to the legal matter. This is done to reduce the risk of big surprise expenses. Ramsey Law offers competitive and reasonable prices because it is ethical to charge reasonable fees.

Probating a Will is a complicated and very specific legal process. In some cases, it may be possible to probate a Will without involving a lawyer. This is typically limited to situations where there is no need for an executor or administrator, no third party is asking for Letters Testamentary or Letters of Administration, there are no financial assets (bank accounts, investments, uncashed checks) in the estate, and there are no unpaid debts. Whenever an executor or administrator is appointed, an attorney is required. Regardless of the situation, it is best to consult with an experienced probate attorney before taking any action related to a Will or estate. An attorney can advise as to your options. Choosing the wrong path because it is cheaper or choosing not to act at all could end up costing significantly more money in the long run. Failure to take action before the fourth anniversary of someone’s death could limit options and increase costs dramatically.

A probate lawyer can assist in a variety of matters related to a person who is incapacitated or deceased. This could involve helping to probate a Will in court; determining the legal heirs of someone without a Will (or with a Will that fails to distribute all property of the deceased); preparing a Small Estate Affidavit or Affidavit of Heirship; negotiating and drafting an agreement between heirs or beneficiaries; drafting deeds; dealing with third parties (banks, creditors, witnesses, co-owners, family, etc.); negotiating, reducing, or even eliminating a decedent’s debt; obtaining legal guardianship; removing and/or appointing a successor executor, administrator, or guardian; helping to collect property; evicting tenants or squatters; drafting leases; preparing estate planning documents; assisting with the complications that arise when minor child or disabled person is received an interest in an estate, and a myriad of other services.

Probate is a court process involving a deceased person’s estate. Probate is generally necessary to enforce a Will, officially determine a decedent’s legal heirs, and/or appoint a legal representative to the estate.

Many people wonder what questions to ask a lawyer for probate or estate planning matters. You should be able to ask the following questions and get a straightforward answer:

  • What are your fees? Do you charge a flat fee or hourly? What is included in your flat fee or retainer?
  • What is the typical total cost of this process given the facts of my case?
  • Will I be subject to additional costs or expenses?
  • How long have you been practicing in this area of law?
  • What other types of law do you handle?
  • What percentage of your cases are probate/estate planning?
  • How long do you expect the process to take in my situation?
  • How easy is it to get a hold of you if I have questions or need an update on my case?
  • Please explain the process.
  • What are my options?

Estate Planning

Category: Estate Planning

Transfer on Death Deeds and TOD beneficiary designations can be great tools when utilized properly, but they are definitely not an end-all-be-all solution for most people. This type of planning is extremely limited. You can generally only control the outcome if at least one of the named beneficiaries outlives you and there is very little by way of protections for minor or disabled beneficiaries. Also, there are often pitfalls to outright beneficiary designations that are not common knowledge, such as the disputes that often arise between siblings that co-own property together.

I recommend consulting with an estate planning lawyer regardless of what you have put in place yourself, even if you think you don’t have “enough” assets to worry about estate planning. You might be surprised at the things you did not even know to consider.

Category: Estate Planning

There are a lot of factors to consider when hiring an estate planning attorney. Here are a few you may want to consider:

  • How long have they been practicing in this area of law?
  • Wha percentage of their cases are estate planning/probate?
  • Do they also have experience in probate court? Seeing how estate planning documents play out in the real world is an invaluable asset when it comes to drafting these documents.
  • Do they have experience with the type of documents they are recommending to you? For example, if your plan addresses concerns related to Medicaid, are they very familiar with the Medicaid rules? If you think you may have a taxable estate, how extensive is the attorney’s tax knowledge?
  • Does the attorney simply plug names and addresses into a form or are the documents customized to each client’s individual needs?
  • What are their fees? Is it a flat fee or billed hourly? What is included? Are there additional costs or expenses?
  • Can they explain the process and timeline in a way that you understand?
  • Can they explain your options to your satisfaction or do you feel like they are pushing you towards a particular service?
  • Do you get a good feeling from your conversation with the attorney? Do they seem knowledgeable/ethical? Keep in mind, a good lawyer may have to tell you things you don’t want to hear, but they should be able to do it in a way that shows you they know what they are talking about and will treat you with respect.
  • Bonus points if they ask you a question you don’t know the answer to or that you hadn’t thought of before that conversation. This is a sign the attorney is thoroughly analyzing your needs.

Here are some red flags (in my opinion):

  • They don’t ask you any questions before you hire. Every situation is different and the services I recommend and language I draft varies significantly from case to case.
  • They utter the words “EVERYONE needs a trust” or “NO ONE needs a trust.” Estate planning solutions are not one-size-fits-all.
  • You feel like you are being pressured or the attorney is talking down to you.
  • You ask the attorney to explain a term or concept that is over your head and they refuse.
  • You feel like they are talking down to you.
  • They try to upsell you on estate tax planning when you are not and do not expect to become a multimillionaire (this is a Texas-specific red flag).
  • They will not explain the documents or answer any questions before you sign.
  • They do not let you review the documents before your signing appointment.
  • They do not use a written contract when clients hire them. The services being provided and associated costs should ideally be in writing.
Category: Estate Planning

A Will and Revocable Living Trust can both establish who benefits from your estate and who is in charge. One main difference: a Will must generally be taken to court to be enforced and a Living Trust does not. Also, some third parties (banks, title companies) are more accepting of the authority of a Trustee than a Durable Power of Attorney agent. However, having a Living Trust is not a guarantee that the probate process will be avoided. Additionally, a Living Trust is not the only way to avoid probate court. The decision whether to do a WIll or Trust should be made with the advice of an experienced estate planning attorney who can explain the pros and cons of each option.

Probate and Estates

If you want to ensure the Will is enforceable, the answer is generally yes. There are situations where families decide not to probate a Will, but this decision should be made after consulting with an experienced probate attorney. Failure to probate the Will within 4 years of death can make it difficult to probate/enforce later. Contrary to popular believe, a surviving spouse or only child DOES usually have to go through the probate process, even if all property is co-owned.

Letters Testamentary or Letters of Administration are documents generated by the County Clerk in a probate case in Texas. Obtaining these Letters requires a probate application, certain paperwork, and a hearing in court. An attorney generally must be involved in this process, preferably one experienced in probate law.

Fees for a probate lawyer’s services vary substantially depending on the attorney and the case. Ramsey Law, PLLC believes in transparency when it comes to fees. More information about our fees can be found [here]. Most of Ramsey Law’s services are billed on a flat fee based on the anticipated complexity and time involved, though hourly fees can also apply, depending on the situation. Ramsey Law fees are designed to cover not only attorney fees, but also court costs and other ancillary costs related to the legal matter. This is done to reduce the risk of big surprise expenses. Ramsey Law offers competitive and reasonable prices because it is ethical to charge reasonable fees.

Probating a Will is a complicated and very specific legal process. In some cases, it may be possible to probate a Will without involving a lawyer. This is typically limited to situations where there is no need for an executor or administrator, no third party is asking for Letters Testamentary or Letters of Administration, there are no financial assets (bank accounts, investments, uncashed checks) in the estate, and there are no unpaid debts. Whenever an executor or administrator is appointed, an attorney is required. Regardless of the situation, it is best to consult with an experienced probate attorney before taking any action related to a Will or estate. An attorney can advise as to your options. Choosing the wrong path because it is cheaper or choosing not to act at all could end up costing significantly more money in the long run. Failure to take action before the fourth anniversary of someone’s death could limit options and increase costs dramatically.

A probate lawyer can assist in a variety of matters related to a person who is incapacitated or deceased. This could involve helping to probate a Will in court; determining the legal heirs of someone without a Will (or with a Will that fails to distribute all property of the deceased); preparing a Small Estate Affidavit or Affidavit of Heirship; negotiating and drafting an agreement between heirs or beneficiaries; drafting deeds; dealing with third parties (banks, creditors, witnesses, co-owners, family, etc.); negotiating, reducing, or even eliminating a decedent’s debt; obtaining legal guardianship; removing and/or appointing a successor executor, administrator, or guardian; helping to collect property; evicting tenants or squatters; drafting leases; preparing estate planning documents; assisting with the complications that arise when minor child or disabled person is received an interest in an estate, and a myriad of other services.

Probate is a court process involving a deceased person’s estate. Probate is generally necessary to enforce a Will, officially determine a decedent’s legal heirs, and/or appoint a legal representative to the estate.

Many people wonder what questions to ask a lawyer for probate or estate planning matters. You should be able to ask the following questions and get a straightforward answer:

  • What are your fees? Do you charge a flat fee or hourly? What is included in your flat fee or retainer?
  • What is the typical total cost of this process given the facts of my case?
  • Will I be subject to additional costs or expenses?
  • How long have you been practicing in this area of law?
  • What other types of law do you handle?
  • What percentage of your cases are probate/estate planning?
  • How long do you expect the process to take in my situation?
  • How easy is it to get a hold of you if I have questions or need an update on my case?
  • Please explain the process.
  • What are my options?

Estate Planning

Category: Estate Planning

Transfer on Death Deeds and TOD beneficiary designations can be great tools when utilized properly, but they are definitely not an end-all-be-all solution for most people. This type of planning is extremely limited. You can generally only control the outcome if at least one of the named beneficiaries outlives you and there is very little by way of protections for minor or disabled beneficiaries. Also, there are often pitfalls to outright beneficiary designations that are not common knowledge, such as the disputes that often arise between siblings that co-own property together.

I recommend consulting with an estate planning lawyer regardless of what you have put in place yourself, even if you think you don’t have “enough” assets to worry about estate planning. You might be surprised at the things you did not even know to consider.

Category: Estate Planning

There are a lot of factors to consider when hiring an estate planning attorney. Here are a few you may want to consider:

  • How long have they been practicing in this area of law?
  • Wha percentage of their cases are estate planning/probate?
  • Do they also have experience in probate court? Seeing how estate planning documents play out in the real world is an invaluable asset when it comes to drafting these documents.
  • Do they have experience with the type of documents they are recommending to you? For example, if your plan addresses concerns related to Medicaid, are they very familiar with the Medicaid rules? If you think you may have a taxable estate, how extensive is the attorney’s tax knowledge?
  • Does the attorney simply plug names and addresses into a form or are the documents customized to each client’s individual needs?
  • What are their fees? Is it a flat fee or billed hourly? What is included? Are there additional costs or expenses?
  • Can they explain the process and timeline in a way that you understand?
  • Can they explain your options to your satisfaction or do you feel like they are pushing you towards a particular service?
  • Do you get a good feeling from your conversation with the attorney? Do they seem knowledgeable/ethical? Keep in mind, a good lawyer may have to tell you things you don’t want to hear, but they should be able to do it in a way that shows you they know what they are talking about and will treat you with respect.
  • Bonus points if they ask you a question you don’t know the answer to or that you hadn’t thought of before that conversation. This is a sign the attorney is thoroughly analyzing your needs.

Here are some red flags (in my opinion):

  • They don’t ask you any questions before you hire. Every situation is different and the services I recommend and language I draft varies significantly from case to case.
  • They utter the words “EVERYONE needs a trust” or “NO ONE needs a trust.” Estate planning solutions are not one-size-fits-all.
  • You feel like you are being pressured or the attorney is talking down to you.
  • You ask the attorney to explain a term or concept that is over your head and they refuse.
  • You feel like they are talking down to you.
  • They try to upsell you on estate tax planning when you are not and do not expect to become a multimillionaire (this is a Texas-specific red flag).
  • They will not explain the documents or answer any questions before you sign.
  • They do not let you review the documents before your signing appointment.
  • They do not use a written contract when clients hire them. The services being provided and associated costs should ideally be in writing.
Category: Estate Planning

A Will and Revocable Living Trust can both establish who benefits from your estate and who is in charge. One main difference: a Will must generally be taken to court to be enforced and a Living Trust does not. Also, some third parties (banks, title companies) are more accepting of the authority of a Trustee than a Durable Power of Attorney agent. However, having a Living Trust is not a guarantee that the probate process will be avoided. Additionally, a Living Trust is not the only way to avoid probate court. The decision whether to do a WIll or Trust should be made with the advice of an experienced estate planning attorney who can explain the pros and cons of each option.