Probate practice is concerned with the method to be followed when administering the estate of a person who has passed away. If the deceased dies with a will, the process in Kerrville is rather simple. After the loss of a loved one, you will have a wide range of emotions and concerns. As you are working through your grief, you may discover that your loved one did not leave a will. You are now looking at trying to work through a potentially complex and contentious situation where your loved one’s estate must go into probate in Kerrville.
A court can acknowledge a person’s death and then facilitate the identification and allocation of their assets through the probate procedure. Our Kerrville probate attorney is ready to help. Do not feel like you must go through this alone. We will stand by your side from start to finish.
More specifically, in uncommon or unique circumstances, such as when a party dies without a will, we can assist people and families in navigating the complicated legal challenges that occur while overseeing the assets of a deceased person. Whenever a person encounters legal challenges in probate court or a loved one’s assets end up in probate, we can assist them in addressing the various difficulties that may occur.
All of these issues will be resolved by our Kerrville probate attorney. Our expertise also extends to probate court disputes.
HOW WE CAN HELP YOU DETERMINE THE BEST PATH FORWARD
Amsberry Law Firm has built a culture of focus and attention to detail. We recognize the need for high-quality legal representation in a quickly changing environment, and we work hard every day to satisfy our clients’ needs. We also recognize that going the additional mile is often what differentiates a successful practice from a less successful one.
If your case continues to probate court, our team of experienced Kerrville probate attorneys will do all in their power to protect your rights. This might include:
- Going to challenge a will if there are aspects that look to be controversial
- Addressing alleged unfairness in the administration of an estate
- Questioning the will-maker’s mental competency at the time it was prepared
- Verifying the legality of wills
- Assisting in the designation of administrators and making sure that the will’s directives are followed
- Filing claims for Heirships and Letters of Administration when people die intestate. This is a complex procedure, and support from competent hands will be useful as early as practicable.
Our professional probate attorney in Kerrville at the Amsberry Law Firm will focus on your work, giving attention and expertise to unraveling complications that can occur when a person dies.
WHY YOU SHOULD CHOOSE OUR PROBATE LAWYER IN KERRVILLE
We have helped many clients in the Kerrville and San Antonio area, gaining valuable knowledge in probate practice along the way. We address cases with tenacity and commitment. Our mission is to always surpass our clients’ objectives, whether through mediation or pursuing cases to trial if required. We use a collaborative approach to ensure that clients get the most out of our services.
OUR KERRVILLE PROBATE ATTORNEY WILL STAY BY YOUR SIDE FROM START TO FINISH
Our probate attorneys in Kerrville are admitted to practice in all Texas state courts, the Fifth Circuit, and the United States Supreme Court. Our attorney at the Amsberry Law Firm also have vast expertise dealing in Kendall County and Kerrville probate courts. With a team of skilled professionals, we also represent clients in the courts and counties in the areas surrounding Kerrville.
OUR PROBATE ATTORNEYS IN KERRVILLE KNOW THE INS AND OUTS OF THE LOCAL COURTS
We know the persons who operate in the local probate courts and how to hasten our filings with them to provide our clients with quality service. This also means that we will be there for you every step of the process. Our philosophy is to pay careful attention to client situations; therefore, we don’t take on so many clients at once that we can’t offer each of them our complete attention. We also realize how difficult it may be for someone to deal with a probate case while also dealing with the grief and confusion that come with the loss of a loved one. This might be daunting, and our Kerrville probate attorneys understand how you feel.
WE WILL EXPLAIN THE PROCEDURE IN TERMS YOU CAN UNDERSTAND
Our firm is dedicated to giving value to both people and systems. Check out our testimonials from clients we have helped through the probate process; you will see that we make it our duty to provide the best service we can to all clients that need our help. We’ll make it our mission to advocate for your best interests in any situation that arises.
Kerrville Probate FAQs
“Probate” is simply the court process which transforms a will into a legally enforceable document. If a Kerrville probate lawyer prepared the decedent’s estate plan, probate is often straightforward. In general, lawyers know how to anticipate conflicts and avoid them. If the decedent died intestate (without a will) or with only a do-it-yourself will, the probate process is often long and complex. Below are some of the most common questions our clients ask in these situations.
Who in Kerrville can dispute a will?
Heirs and creditors commonly dispute vague wills or intestacy proceedings. Some heirs feel that the will is unfair or that the document doesn’t reflect a promise the decedent made. Creditors often appear almost out of the blue, claiming that they are owed large sums of money.
Additionally, according to Chapter 22, Section 22.018 of the Texas Estates Code, anyone with a valid claim against the estate or a person “interested in the welfare of an incapacitated person” may also file probate claims. Some claims our Kerrville probate lawyers deal with include personal injury claims and past-due child support claims. As for the second area, a judge must determine that the claimant is truly interested in the decedent’s welfare.
Can I Challenge an Executor in a Will in Kerrville?
A decedent can name almost anyone as an executor. Texas law includes almost no requirements for this office. Many people choose trusted friends or family members. However, just because the individual is trustworthy does not mean that s/he will be a good executor.
It’s almost impossible to challenge the appointment. But heirs and other interested persons or organizations can and do challenge the executor’s behavior.
Legally, executors must operate in good faith. Basically, this responsibility means they must try hard to carry out their responsibilities as quickly and efficiently as possible. If the executor drags his/her feet or makes too many mistakes, a Kerr County probate judge could determine that the executor acted in bad faith. Usually, the judge appoints a replacement executor in these cases.
What information do I need to probate my loved one’s assets in Kerrville?
An inventory is an important part of the probate process. Generally, this inventory must include all assets that were not in a trust.
Briefly, a trust is a legal document that transfers ownership of the corpus (property in the trust) from the individual to the trust. Various kinds of trusts are available in Texas. A trust efficiently and, more importantly, privately transfers property to a beneficiary or beneficiaries.
Executors must be very thorough when they complete estate inventories. A slight error could invalidate the inventory and derail the probate process. Commonly required documents include:
- Last Will and Testament, as well as any other asset-related paperwork
- Rental agreement for a safe deposit box and keys
- Policies for life insurance, health/accident, and illness insurance
- Certificates of birth and death
- Deeds, trust deeds, mortgages and mortgage settlements, title insurance, motor vehicle titles, and lease documents for car or real estate investment properties
- Bankruptcy filings and discharges
- Nuptial contracts, marriage licenses, and divorce paperwork.
Generally, a Kerrville probate lawyer collects much of this paperwork when the decedent executes the will. Therefore, heirs don’t have to scramble to find such documents during a very difficult emotional period.
How long will it take to complete the Probate Process in Kerrville?
Once again, if a Kerrville probate lawyer laid the proper groundwork, the probate process is often straightforward. That’s especially true if the decedent moved substantial assets into a trust. Since property in trusts is exempt from the probate process, these documents essentially shrink the estate. The smaller the estate, the quicker the process is, and the less likely a will contest becomes.
In other cases, the probate process could be extremely drawn out, to say the least. Guitarist Jimi Hendrix died intestate in 1970. As of 2022, his heirs were still in probate court fighting over his estate. Obviously, that’s an extreme example. However, in our experience, it’s not that unusual.
If the decedent died testate (with a will), Texas law limits the probate process to four years. Heirs and creditors with lingering claims against the estate may have other legal options.
Call Our Kerrville Probate Attorneys Today to Get Started
The probate process in Kerrville may be a complicated procedure. Controversial situations may develop that will take dedication and talent to handle. We can confidently state that our team of committed Kerrville probate attorney can tackle complexities whenever they arise, based on our established track record in managing such situations.
If you have any questions that weren’t answered here, please call us at (210) 354-2244 to book a no-obligation session now.
In general, the Amsberry Law Firm has the expertise and experience necessary to guide you through the probate procedure in Kerrville. Speaking with our attorneys may assist you in ensuring that everything is done correctly and that your loved one’s final desires are carried out.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]
