The Law Office of James Tittle

Estate Planning:

It is never too early to put a Will or other estate planning device in place, but unfortunately it can be too late.  If you pass away without a Will in Texas, the laws of intestate succession will determine who your heirs are and where your assets will be distributed. While these intestate succession laws provide a legal mechanism for the distribution your assets, your property may not be distributed the way you would choose.  Our lawyers can help you put all of your wishes in writing so you can have valuable peace of mind.  Our attorneys can draft your Will, Transfer on Death Deeds, Medical Powers of Attorney, Healthcare Power of Attorney, Directives to Physicians, General Financial Power of Attorney, Statutory Durable General Power of Attorney, or any other Estate Planning forms you may need, and we will help you to plan for every conceivable outcome.  Most Wills can be completed in as little as one day. We offer free phone consultations and we will provide you with a no obligation quote to fit your specific needs.

If you have minor children to plan for, we would suggest adding a Contingent Trust to your Will. A Contingent Trust establishes a trust to care for any assets a minor child would receive through the probate process until the child reaches a specified age (i.e. 25 years old). These trusts are contingent on your child’s age. A minor child is generally not capable of handling assets for their own benefit, so it may be necessary to put this Contingent Trust in place so that a Trustee is able to manage these assets for your child’s benefit. Once your child reaches an age that you feel is appropriate, the trust is liquidated, and the assets pass to your child only when you think they would be ready to manage the assets on their own. Feel free to contact our office so that you can put in plan in place to fit your specific needs.

Our goal is to make this process as painless and cost effective as possible. We offer free consultations over the phone for Estate Planning. If you decide you would like to proceed, with any of the documents we’ll email you a Will questionnaire with straight forward pricing options. The goal is to complete your Estate documents before you arrive at our office, and then we’ll thoroughly review your Will and Power of Attorney documents with you one page at a time. Our lawyer will also answer any questions you have. Contact us today to get the process started.

Texas Probate Law:

Generally speaking, Probate describes the process of obtaining legal recognition of a Will so that the named Executor has the legal authority to execute the final wishes described in the Will. When a loved one passes away the named Executor is faced with the task of probating the Will. This process may seems daunting, but our lawyers have a comprehensive understanding of Texas Probate Law, and will guide you through the process as quickly and comfortably as possible.

There are multiple versions of probate in Texas: Independent Administration; Muniment of Title; Determination of Heirship; Heirship Affidavits; Small Estate Affidavits; and more. Each probate situation is unique, so there is no one size fits all when it comes to probate. Our goal is to help you select the option that solves all of your probate issues in the most cost effective way possible. In most cases the probate process starts by submitting an application to probate the Will. This application simply states what the goal of this specific probate is. The goal may be to have an executor appointed, transfer ownership of a home, or some combination of goals. After the application has been submitted there is a brief waiting period of less than two weeks. After this waiting period passes the lawyer will get a hearing date scheduled in the probate court. The goal of this probate hearing is to obtain a court order signed by the probate court judge legally recognizing the Will. Once the appropriate court orders are signed our client is authorized to take whatever next steps that are necessary to accomplish the specific goals of the probate process. In most cases, we must publish what is called a ‘notice to creditors’ in order to address any unpaid estate debts. The Executor is not personally responsible for any of these debts, if any. The final steps in the process are simply to notify all the beneficiaries in the Will and execute the instructions. Our lawyers will assist our client with obtaining an EIN number if it is necessary for the Executor to open an estate bank account. If you have received any checks or payments payable to the Estate, then those payments must be deposited into an Estate Account.

Many assets pass outside of probate. For example, if you have named a beneficiary on a bank account, life insurance, retirement account, etc., then those assets pass outside of probate. However, if there are accounts or checks payable to the Estate, then the assets must pass through probate. Our attorney will help you navigate this process to ensure you have the legal authority to resolve any estate issues that you may be faced with.

Hiring the right attorney can make this stressful and emotional experience more bearable.  There are several options available when going through the Texas probate process. Selecting the correct probate option is essential to completing the process. Our goal is to help you pick the most cost effective probate option that will solve all of your probate law issues. For example, if you simply need to clear title to real property, you can file a simple version of probate called a Muniment of Title. In some cases there may be funds under $75,000.00 of funds on deposit, and in that case you can file a Small Estate Affidavit. If the estate is a little more complex, you will likely need to go through a complete probate administration to have an Executor appointed to represent the estate.

Our attorneys know how difficult losing a loved one is, and we will do everything possible to make the probate process a stress free experience. We make this process as simple, cost effective, and stress free as possible. Our office handles probate cases in Galveston County, Harris County, Brazoria County, Montgomery County, and Fort Bend County. However, our office is also able to address probate issues in all of Texas. If you have any questions please feel free to contact us today and we will answer all of your questions.

Texas Guardianship Law:

If a child or loved one is not able to make informed decisions for themselves due to a developmental or medical condition, then it may be necessary to file for a guardianship. Once a child reaches adulthood (i.e. turns 18) the parents will likely encounter issues when trying to make important decisions for their children if they do not file an application to become the child’s guardian. The same is true for a parent or loved one that is affected by a mental condition, such as dementia or Alzheimer’s.  After the attorney has assisted you in becoming the guardian of your loved one, you will be able to continue making decisions on their behalf in order to ensure that all of their needs are met. Our lawyers would be happy to speak with anyone living in Galveston County, Brazoria County or Harris County about the guardianship process.