Copperas Cove Estate and Probate Attorney

No two estates are identical, and the overall value of your assets needn’t be extremely high to be extremely important to you and your family. You’ve worked hard for what you have, and you want it to benefit the people who are important to you when the time comes. 

This is the core of estate planning. And while it looks different for everyone, the same basics apply across the board. Ultimately, your wishes regarding your assets are of utmost importance. And by putting some effort into estate planning now, you can rest easy in the knowledge that your wishes will be upheld. 

Your Will and Your Assets

All the assets that make up your estate will be distributed to your heirs during probate, which is a court-guided process that is legally challenging. In your will, you can address how your assets will be divided, and if the document is determined to be legally binding, you can expect your wishes to prevail.

Ensuring that Your Will Is Legally Binding

To create a legally binding will, you are well advised to work closely with a dedicated estate and probate lawyer. Each of the following requirements apply:

• At the time that you created your will, you must have been at least 18 years old and of sound mind. This means that you understood the significance of the document and its personal importance to you.
• Your will must be in writing, which can mean being typed, printed, or in your own handwriting.
• Your will must be signed by you, and while you aren’t required to date it, doing so is highly recommended and is standard practice. 
• If your will is printed or typed, two witnesses must also sign off on it. If it’s handwritten, this requirement doesn’t apply.

You are not required to have your will notarized. However, using a notary to attach a self-proving affidavit can streamline the probate process and reduce the risk that your last will and testament will ultimately be contested. The clearer you are about your intentions in your will, the less likely it is that disputes will arise in response to what is naturally an emotionally challenging time. 

Naming an Executor of Your Estate

In your will, you are advised to name an executor of your estate. This is another instance when you have the opportunity to make your preferences known rather than allowing the court to make decisions for you. 

The executor plays an important role in the probate process. They will not only file your will with the probate court but will also guide it through the probate process. This makes it an excellent idea to choose someone who is organized, thorough, and capable of working under pressure. 

While the court will assign an executor in your case, the candidate you name will almost certainly be accepted. The only hurdle is that they must be deemed fit to serve by the court, which means they are capable of handling the job. 

How a Lawyer Helps During Probate

During probate, a lawyer provides essential guidance to both executors and beneficiaries navigating the complex legal process of settling an estate.

For executors, attorneys help fulfill fiduciary duties by explaining legal obligations, preparing and filing court documents, identifying and valuing estate assets, notifying creditors, and ensuring proper distribution according to the will or state law. They protect executors from personal liability by ensuring compliance with deadlines and legal requirements.

For families and beneficiaries, lawyers safeguard inheritance rights by reviewing the will's validity, investigating potential executor misconduct, and addressing disputes over asset distribution. They provide clarity during an emotionally difficult time, explaining beneficiaries' legal rights and ensuring transparency throughout the process.

Whether representing executors who need procedural guidance or beneficiaries concerned about protecting their interests, probate attorneys navigate court requirements, resolve conflicts between parties, handle tax implications, and expedite the process. Their expertise helps avoid costly mistakes, reduces family tension, and ensures the deceased's wishes are honored while protecting everyone's legal rights throughout probate administration.