Best Estate Planning Attorneys in Pearland, TX

A dependent administrator is often needed when there are disputes between beneficiaries or if court oversight is required. In dependent administration, the adminsitrator is offered a higher level of protection since all actions must be approved by the court. such as the selling of assets and payment of debts. An independent administrator comes into play when the deceased specified an executor in their will or when all beneficiaries agree to an independent executor. The executor does not have to be supervised by the court in independent administration and therefore, this process is far less time consuming and costly. Approval is not needed for the selling of assets and payments of debts.

A durable power of attorney controls legal matters even after the principal becomes mentally incapacitated. However, this does not give them the power to make decisions related to the principal's health.

If you die without a will, your state will determine who gets your assets and you will be the caretaker of any of your children that are still minors. This means the court will decide who takes care of your children, thinking in the best-interest of the child. Additionally, your assets will be divided among the individuals the court decides. In some cases, this means your spouse could end up with nothing. Also, without a will, you could lose out on important tax benefits.

For small estates, probate could take only a few weeks or months. However, for large estates, the process can take years. The process can take even longer depending on whether someone files a claim to any assets noted in the will. They have the right to contest the will or file a petition with the probate court.

Guardianship is when is a person is granted the legal authority to care for the personal and property interests of another person. The guardian has several responsibilites for the person they are caring for. They must provide proper care, maintenance, education, and support, supply food, clothing, shelter, and necessaries, and authorize medical, surgical, dental, psychiatric, and psychological care. For the estate, the appointed guardian must protect, preserve, manage, and dispose of the estate according to law and for the best interest of the protected person.