Choosing a reputable Dallas law firm to handle estate litigation can be daunting. But it can also be an enriching experience if you know what to look for.
Ancillary probate litigation
Getting the legal process of settling a decedent’s estate right is complex. Many factors may affect multiple family members. It would help if you had an attorney who understands your needs and is willing to provide the best possible results. A Dallas law firm with experience handling ancillary probate litigation can help you with this challenge.
Ancillary probate is a legal process used when a person owns property in more than one state. Usually, you would hire an attorney in the jurisdiction where the real estate is located. However, if the estate is not worth a lot of money or is a business, you can bypass this type of probate.
Ancillary probate is more straightforward than you might think. First, it requires the filing of a certified copy of the will. In addition, you need to request ancillary Letters of Testamentary, which authorize the executor to act on behalf of the estate.
Ancillary probate is often the right way, particularly for relatively small estates. However, it can be time-consuming and expensive. The cost of hiring an attorney to handle the case can range from $2,500 to $7,500. If the estate is complex, the cost can even exceed this figure.
Removal of an executor or administrator
Getting rid of an executor is no simple task. However, if the executor isn’t professionally managing the estate, the court can remove them.
The court has several ways to do so. Some executors don’t perform their duties properly; others engage in gross misconduct. In either case, the courts are not above the law. The Probate Code of Texas states that an executor can be removed. It also lists the grounds on which an executor can be removed.
The most obvious reason to get rid of an executor is that they fail to meet their fiduciary duties. This includes paying taxes, distributing assets to heirs, and fulfilling other requirements. If the executor isn’t doing their job, the estate may be in danger of going under. In such a case, the court can appoint a new administrator.
The court will usually appoint the heir to the will as the primary beneficiary. This person will manage the estate until the decedent’s death. The heirs must provide evidence that they are heirs to the will.
Whether you are looking for a Dallas law firm for estate litigation or heirship issues, it is essential to find one with experience in these areas. The complexities of these areas can be challenging to understand. An attorney can help you get through this process as smoothly as possible.
Heirship and intestate succession laws are written to ensure that the heirs of an intestate person are identified and determined. The Probate Court does this. An application to declare heirs must be filed. The application must include a detailed list of potential heirs. All possible heirs must also sign it. A court-appointed attorney ad litem reviews the application.
An affidavit of heirship can be a valuable tool in determining heirs. This type of document helps the court designate the decedent’s assets. Typically, this document is used to cure schedule C requirements in a title commitment. Moreover, it can be a powerful tool in establishing the marital relationship of the decedent’s heirs.