Key Questions To Ask When Choosing A Probate Attorney In Travis County, TX

In this article, you can discover…

• How to select the best probate attorney for you and your family.
• Important questions to ask a prospective probate attorney.
• The costs and fees associated with the probate process in Texas. 

What Criteria Should I Use To Select The Best Probate Attorney For Me?

There are many probate attorneys available, so a key factor to consider is who you feel most comfortable with. Do some research on local probate lawyers to determine which ones you would like to meet with based on reviews and testimonies.

From this point, the qualifications you should look for may depend on your needs. For instance, you will want to work with a specialist if you are settling a high-value estate. This will ensure that your attorney understands the complexities of your case and any estate tax that might be involved.

Alternatively, you would also want to hire an attorney accordingly if you are dealing with a smaller estate. If the estate in question is worth less than $5 or $10 million, it might not make sense to involve an attorney who handles larger estates.

Cost is a common consideration when it comes to hiring an attorney, and costs can be reduced depending on your situation, but it is not wise to cut corners as this could ultimately lead to complications and further expenses down the road. We would like to avoid high-dollar cases so that we can be sure to pay full attention to the entirety of your case. We won’t simply file the paperwork and drop you off at the courtroom; we will stay with you every step of the way. 

We are here to help, and we are available to answer any questions you may have. We will help you draft your inventory and ensure that your publication is done correctly. We will work closely with you to ensure that everything is done properly and that you can move forward with peace of mind. 

What Is Your Experience With Contested And Uncontested Probate Cases?

Our experience is mostly with uncontested probate cases. Our first filing was around 10 years ago, and we have been doing both testamentary and non-testamentary uncontested probate ever since. That means uncontested probate with or without a will. 

That said, we have handled a handful of contested probate cases, specifically in Travis County. Typically, either somebody dislikes the process or doesn’t like or trust the executor, causing what’s known as contested or dependent administration. 

Another type of contest that you may find in big, high-profile cases can involve someone being required to prove their relation to the deceased or validate their connection to an estate.

Attorney Richard Cahan is a seasoned lawyer based in Travis County, TX who has helped clients just like you navigate the intricacies of the probate process. With close to a decade of experience, Attorney Cahan is prepared to assist you in settling your loved one’s estate so that you can move forward knowing their legacy is preserved.

Still have questions? Ready to get started? Contact the Law Office of Richard Cahan today to schedule an initial consultation.

What Costs And Fees Are Associated With Probate In Texas?

Currently, our charges depend on the type of probate. Basically, there are three types of probate that, with a small state affidavit, will require us to charge $1,000 plus court costs. Generally, court costs are between $350 and $500.

A testamentary probate with a will currently costs $3,500, assuming that it is uncontested. A non-testamentary probate without a will requires additional efforts, bringing the cost to $4,500 with court costs included. However, this is a flat fee and will cover everything so long as there are no contests or lawsuits filed into the probate.

What Role Will The Executor Play During The Probate Process?

The executor is responsible for making any decisions and following through on the wishes of the testator. Along with having the authority to sign things, the executor ensures things run smoothly while our law firm handles the estate’s legal matters in the background. 

Otherwise, any other decision points will be made by the executor of the estate. An example of a decision point might include which real estate agent to use to sell properties included in the estate. For the most part, we do not interfere with your choice of executor as long as they are fit to handle the estate appropriately. 

What Happens If The Estate Runs Out Of Funds To Cover Expenses?

This can be a major issue and needs to be closely monitored before proceeding with a filing. If any secured debts are worth more than the estate itself, the estate plan may not be worth doing. In these cases, there may be actions that we can take outside of probate in an attempt to retain some of the assets.

An additional option is to elect into a dependent administration, allowing the court to make decisions on behalf of the estate. Otherwise, the outcome could depend on the type of debt you need to settle, as unsecured debtors may need to file a lawsuit directly into the probate. 

What Is The Most Important Question To Ask A Prospective Probate Attorney?

Primarily, you should identify how much your case is going to cost. Secondarily, what does this cost include? What is the attorney going to do for you? When you work with us, we handle every step of your case, from the drafting and filing to the publications and everything in between. 

You may find other attorneys who will take your case for cheaper, but it is important to clarify what your lawyer’s fee will include. It is not uncommon to see some attorneys file your application with the court, get you to the courtroom, and expect you to figure the rest out. This is why we charge a flat fee, so that we can accompany you throughout the legal process and reduce your worries along the way. 

Still Have Questions? Ready To Get Started?

For more information on Hiring a probate lawyer in Travis County, Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 843-8955 today.