Helping you through a difficult process
When a family member dies, it can be a tremendously trying time. In addition to the emotional challenges you will be facing, there is also the probate process, which can be overwhelming for anyone without legal training and expertise. When approaching probate, it is important to work with a trusted legal adviser who can offer a steady hand through the process.
Law Office of Jeannine C. Flynn, located in Houston, Texas, has been helping clients throughout Texas in estate planning, probate matters, and guardianships for decades. Ms. Flynn is dedicated to working individually with her clients, helping them through the legal morass. Certified by the Texas Board of Legal Specialization as a probate and estate planning specialist, Jeannine C. Flynn knows the Texas probate process.
What is probate?
Probate is the process by which a deceased person’s personal affairs are concluded. The assets of a decedent are gathered together so that the creditors of an estate can be paid in the order mandated by law. At the end of the probate process, the decedent’s assets are distributed to the decedent’s beneficiaries (when there is a Will) or to the decedent’s heirs (when there is no Will). It may be necessary to file a Will for probate or, when there is no Will, an administration of an estate may be combined with a Determination of Heirship. Texas offers a number of different types of probate for different situations. Selecting the right attorney to guide family members in selecting the correct probate procedure is important. Ms. Flynn has the knowledge, and more importantly, the experience to help families make the best probate choice.
The importance of a Will
A Will is a guiding document, that designates who will administer an estate and explains how the assets of an estate will be divided at the end of the probate process. If worded correctly, it allows the executor to settle claims with creditors, file tax returns, and wind up the business affairs of the decedent free of court control.
Problems in the probate process
Whether you are the personal representative of an estate (Executor or Administrator), a potential beneficiary, or another interested party in probate matter; Jeannine C. Flynn can help make sure that your interests are represented. She can also help to resolve issues quickly and efficiently in most cases. Whenever disputes arise, Jeannine C. Flynn works hard to save time and expenses for her clients. However, when disputes cannot be resolved, she is prepared to represent her clients in whatever manner is needed.
There are numerous issues that can arise when a Will is filed for probate. Here are just a few examples:
Will contests. The validity of the will is challenged based on,
- The decedent not having capacity to sign a Will:
- The decedent was not being of sound mind when the Will was signed;
- The decedent being unduly influenced into signing a Will that contains provisions the decedent did not intend; or,
- The decedent did not sign the Will in the formal manner required by Texas law to make it a valid Will.
Issues can also arise after the Will has been admitted to probate
- Breach of fiduciary duty:
- An estate executor or administrator (the personal representative of the estate) fails to properly manage estate assets
- The personal representative makes errors in estate distributions
- The personal representative of the estate misuses estate funds