Leach Fox Law›
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FAQs
How much does probate cost?
Probate matters are usually handled on a time basis. It is not handled as a percentage of the estate. It is difficult to estimate the probate cost until we have an opportunity to review all documents relating to probate and assets of the estate. With a properly drawn Will and proper estate planning, probate costs can be minimized.
How do I designate a guardian for my children?
A guardian for minor children can be designated in your Will or may be designated by a separate document under Texas law. The requirements for designation of a guardian are very strict if a document other than a Will is used.
If I die without a will, will my assets pass to the state?
If a person dies without a Will, then their assets will pass to their heirs as determined under Texas law. It is possible for assets to pass to the state, but only if no heirs can be located. When a person dies without a Will, they are said to die intestate.
Can I use legal software to prepare my will?
The drafting and preparation of a Will is not necessarily a simple matter. A person is taking a significant risk in preparing a Will themselves since Texas law is very specific on the way various matters must be worded in a Will. Unfortunately, the defect in a Will may not be discovered until the person passes away when it is too late to correct the problem. The money you may save in preparing your own Will may be a small amount in comparison to the additional costs incurred in dealing with an estate using a Will that has a defect or that may not even be valid.
I have a will from another state, is it valid in Texas?
If your Will was validly executed in another state, it will be recognized as valid in Texas. There are, however, differences from state to state relating to the procedures and court supervision of executors. It may be that a Will from another state needs to be amended to take advantage of the simplified probate procedure allowed in Texas.
We do have more answers on the FAQ page on our website.
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