Austin Texas Will Probate Lawyer Handles Inheritance Lawsuits Throughout Austin and Central Texas Including Travis County, Williamson County, Hays County, Bastrop County, and Blanco County by Austin Texas Will Probate Lawyer Jason S. Coomer
Austin Will Probate Lawyer Jason Coomer represents families in Austin Probate Court. He helps families after the death of a loved determine if their loved one's will needs to go through probate. If so, he represents the family in probate court. He represents executors, beneficiaries, and heirs in Travis County Probate Court, Williamson County Probate Court and other central Texas probate courts.
For questions on probating a Will or other Texas probate and inheritance matters, please feel free to send an e-mail message to Austin Will Probate Lawyer Jason S. Coomer at AustinProbateLawyer@texaslawyers.com or contact us through our submission form.
What Is a Will?
A Will is a written legal declaration of a person's intentions which he or she wants or wills to be performed after his or her death. The Will makes dispositions of property, sets up trusts, and establishes guardians upon a person's death. Under Texas law a Will must identify the Testator, be written with "testamentary intent", and be executed with requisite testamentary formalities. It also requires that the Testator have "testamentary capacity" including being of sound mind. A Will can be straight forward and simple or very complex depending on the estate and what the Testator wants to accomplish.
Please keep in mind that a Will has no legal authority until it is probated. Further, failing to file a Will for probate within 4 years of the death of the Testator (person who executed the Will) can cause the Will to be barred to the statute of limitations. When this happens, the person's estate will typically need to go through intestate succession (estate is distributed according to Texas law instead of pursuant to the Will).
How Do I Know if My Loved One Had a Will?
In most situations, those close to a person will know if they had a Will and where that Will is kept. Common places that Will are kept include safety deposit boxes, a safe, at offices, or in a home with other important documents. In some situations, a Will can even be filed at the local court house or kept by a trusted friend or lawyer. Wills are typically easy to spot as they typically state on them that they are the last Will and testament of the decedent.
Is An Original Will Important or Will a Copy of the Will Be Fine?
Texas courts typically require the original Will and not a copy of the Will. Though it is possible to probate a copy of a Will, if at all possible it is best to have and file an original.
In handling Will Probate Matters, it is important to obtain the original Will and review it to determine where the Will should be filed for probate and if the Will complies with all the local laws to be valid. In reviewing the Will it will also provide information as to what needs to be done to have the Will admitted into probate as well as what the rights and duties of the executor will be.
How Do I Know if the Will is Valid?
With many do it yourself form Wills as well as people that attempt to write their own Wills, it is often difficult to know if a Will is valid or not. It will often take a review by an experienced probate lawyer to determine if a Will is valid and will survive the probate process. It is important to remember that in some counties including Travis County, the probate court requires the actual Will and not just a copy of the Will. If the actual Will is not available there is a presumption that the actual Will was destroyed and revoked by the Decedent.
What Happens During the Will Probate Process?
After a person dies, the Will and a death certificate need to be filed in the probate court or county court where the decedent resided when they died. After both the Will and Death Certificate are filed with the proper court, a hearing has to held where the death of the decedent is proven, the Will is to be determined to be valid, and the executor is sworn in and appointed.
What is an Executor and When doe Someone Become and Executor?
An executor is the person in a Will who carries out the wishes of the decedent as is in the decedent's Will. The Executor or executrix in female form is a legal term referring to a person named by a maker of a will, or nominated by the testator, to carry out the directions of the will. Typically the executor is the person responsible for offering the will for probate. The executor's duties include gathering and protecting the assets in an estate, obtaining information about any other potential heirs; collecting and arranging for payment of debts of the estate; notifying, approving or disapproving creditors' claims; and the disbursing property to the beneficiaries as designated in the will. An executor also makes sure estate taxes are calculated, necessary forms are filed and tax payments made, and in all ways assists the attorney for the estate. Also the executor makes all donations as left in bequests to charitable and other organizations as directed in the will. In most circumstances the executor is the representative of the estate for all purposes, and has the ability to sue or be sued on behalf of the estate. The executor also holds legal title to the estate property, but may not use that property for the executor's own benefit unless expressly permitted by the terms of the will.
Where there is no will, a person is said to have died intestate - "without testimony". As a result, there can be no actual 'testimony' to follow, and hence there can be no executor. If there is no will or where the executors named in a will do not wish to act, an administrator of the deceased's estate may instead be appointed. The generic term for executors or administrators is personal representative.
The executor will typically work with a lawyer to file the Will for probate, obtain letters of testament, make the necessary public notices concerning the estate, determine & protect assets, calculate liabilities of the estate, pull together an inventory of the estate, and distribute the assets to the beneficiaries.
Austin Will Probate Lawyer Handles Probate Lawsuits Throughout Central Texas
Austin Will Probate Lawyer, Jason S. Coomer is available to probate Wills in Travis County, Williamson County, Bexar County, Bastrop County, Comal County, and Hays County as well as works with other lawyers across Texas including Dallas County, Harris County, Fort Bend County, and Tarrant County for beneficiaries that live in Central Texas, but have lost loved ones in other parts of Texas or other states.
Austin Will Probate Lawyer Jason Coomer Guides Families, Friends, Executors, and Beneficiaries Through the Texas Probate Process
After the loss of a loved one, it is often difficult to know what to do and how to handle estate matters. Many times a Will needs to be taken through the probate process and the guidance of an experienced Austin Will Probate Lawyer will be extremely helpful in handling reviewing the Will to make sure it is valid and there are no major issues in taking it through probate as well as handling the Application, Proof of Death, Oath, Judgment, Witness Statements, Publications, Notices, Debt Issues, and Inventory. The Austin Will Probate Lawyer will also work with the Court to make sure that all the documents are in order as well as set up the Probate hearing and accompany the Executor through the Probate hearing in front of the Judge. As an experienced Austin Will Probate Lawyer, Jason S. Coomer, has filed Applications for Will Probate in Travis County, Williamson County, Hays County, and Bastrop County. He is available to handle Will Probate Matters throughout Central Texas and commonly works with other attorneys throughout Texas and the United States on larger estate matters where beneficiaries live in different counties, states, or countries.
If there is no Will, the Assets and Debts of the estate often need to be reviewed to determine the best way to take the estate assets through the probate process. As an Austin Estate and Inheritance Lawyer, Jason S. Coomer, works with families that need to move estate assets through the probate process. He is familiar with heirship proceedings and inheritance matters that can be used to pass estate property to rightful heirs.
Austin Estate and Will Probate Lawyer works with executors, beneficiaries, heirs, and families to probate Wills after they have lost a loved one, file Suits to Determine Heirship, pass property to rightful heirs & beneficiaries, contest fraudulent Wills, represent executors, investigate death claims, stop unethical and dishonest executors, negotiate estate debts, and handle other estate matters.
Austin Will Probate Lawyer, Jason Coomer works with executors, beneficiaries, and families to probate Wills and Trusts including protecting the wishes and best interests of his clients. For questions on probating a Texas Will, please e-mail Austin Will Probate Lawyer Jason S. Coomer at firstname.lastname@example.org or use our contact form The Law Offices of Jason S. Coomer.
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