Best Probate Attorneys in Desoto, TX

If you die without a will, the State of Texas basically writes one for you. Property of Texans who die without a valid will passes to their heirs according to Texas law. This process requires what is known as an heirship determination, which will typically cost your heirs more in fees than the simple probate of a will.

A will does not take effect until it is found to be valid by a court. After you die, upon application and proper proof, a probate court will sign an order probating your will, finding that it is your last will and recognizing it as valid and binding.

In Texas, wills are generally probated in the county where the testator resided. The county clerk for the county of residence handles the filing of wills. The Dallas County Clerk's office is located downtown at 501 Main Street in the Dallas County Records Building close to the West End. The probate department is on the second floor of the Records Building.

Fiduciary duties are certain duties that a person owes another person with regard to property or transactions. Trustees owe fiduciary duties to beneficiaries of a trust. An agent under a power of attorney owes fiduciary duties to the principal under the power of attorney. Examples of fiduciary duties are a duty to disclose actions, a duty to do what is best for the beneficiaries, a duty not to take actions to benefit you instead of the beneficiaries.

An incapacitated person is a minor, or an adult who is substantially unable to function without the assistance of another person to handle healthcare and financial decisions.