Wills, Estates & Probate

The most common Wills, Estates & Probate questions we receive are, (1) what is a Will, and (2) what is a “probate.”

Last Will and Testament

Your Last Will and Testament is the legal document that outlines your wishes about the distribution of your property, assign the person that Will be the executor of your Will, and can name guardians for your minor children. The Will allows for distribution of your assets according to your wishes through a process known as probate. Probate is a legal process where a court verifies the validity of the Will before any of the assets can be distributed to the beneficiaries.
Without a Will, the Court in a probate proceeding Will distribute your estate, and determine the guardianship of your children, based upon the default Texas statutes (intestacy). A Will allows you the opportunity to make those choices. It also saves time and expenses during the probate proceeding.

 Probate: 

Although each estate is unique, generally Probate is the judicial proceeding in which: (i) if there is a Will, the Will is determined to be the duly executed last Will of the decedent, or, (ii) if there is no Will (the decedent died intestate), the decedent’s heirs are judicially determined. At the probate proceeding, a personal representative (called an executor if named in the decedent’s Will or an administrator if named by the court) is appointed to carry out the estate administration. The personal representative’s authority to act on behalf of the estate is evidenced by letters testamentary or letters of administration issued by the probate court. 

With or without a Will, probate is not a complicated matter as long as you have the experienced probate attorneys at the Bradley Law Firm at your side.

Estate Administration

The loss of a loved one is a very trying and upsetting time. Many families are at a loss as to what to do with the loved one’s property and accounts. The attorneys at the Bradley Law Firm are here to help answer your questions and guide through the administration of your loved one’s estate.

Typically, estates are administered through probate. There are some exceptions to Probate, and our attorneys can advise you as to the best and most cost-effective options to transfer of property, access accounts, and divide the assets.

Living Will

A “Living Will” is a document wherein you make decisions and dictate your care in the event you are in a incapacitated state such as a coma, terminally ill, or suffering from dementia. The Living Will gives you the opportunity to make your choices for life support and medical care. A Living Will can make it easier on your family, as many of the hard decisions that they may be asked to make will have already been made by you.

Medical Power of Attorney

A Medical Power of Attorney is a document in which you name a person to make medical care decisions for you when you are unable to do so.

Durable Power of Attorney

A power of attorney is the transfer of the authority of one person to act in the place and stead of another as attorney in fact.

A Durable Power of Attorney is a power of attorney by which a principal designates another as his or her attorney in fact or agent in a writing that contains words showing the intent of the principal that the authority conferred will be exercisable notwithstanding the principal’s subsequent incapacity or disability.

Guardianships

In Texas, Guardianships can be created allowing a court-administered person to take care of a minor or incapacitated person or their property. The incapacitated person is referred to as the ward. 

In order to take care of an adult under Texas guardianship laws, the person must have a physical or mental condition that prohibits or greatly restricts them from providing food, clothing, and shelter for themselves.

The attorneys at the Bradley Law Firm are experienced in establishing guardianships for minors and incapacitated adults. The Bradley Law Firm can advise you if a guardianship is the best option, as often times there are less costly and less invasive alternatives to guardianships.

Please contact our office at 409-724-6644 or 1-800-830-6785 for a free consultation.