Wills are the legal instrument by which a person disposes of his or her assets that remain at the person's death and constitute the person's probate assets. Wills also appoint the executor which is the person responsible for probating the will, administering the probate estate, and distributing the probate assets to the beneficiaries in accordance with the will. The statutory formalities for a valid will are set forth in the Texas Probate Code.
Probate includes the probating of a person's last will and testament following his or her death and the administration of that decedent's estate. The firm has extensive experience in representing the executor in probating the will and administering the estate. The estate administration consists of marshalling the probate assets, payment of creditor claims, filing of the required tax returns, and the distribution of the estate assets in accordance with the probated will or, in the event that no will was probated, then in accordance with the laws of descent and distribution.
The firm also represents estate beneficiaries in compelling distribution of estate assets, compelling the executor to provide accountings, removing the executor, and filing lawsuits against the executor for breaches of fiduciary duties.
In regards to contests to the probate of wills, the firm has experience in both defending against and contesting the probate of a will on the grounds of lack of testamentary capacity, undue influence, fraud, and the failure to comply with the statutory formalities.