Dallas Probate & Trust Administration Attorney
Picking up the pieces after a loved one passes.
Schedule a consult today by calling (214) 234-2701
Dallas Probate & Trust Administration Attorney Serving the Dallas-Fort-Worth Metroplex
When you’ve lost a loved one, you need an experienced, compassionate lawyer on your side to handle all of the legal matters so that you can focus your energy and attention on yourself and your family.
When you put your trust in experienced attorney Jordan Hix to care for your probate and estate administration tasks, you can deal with the things that really matter.
When a loved one passes away, you'll be confronted with one of these three scenarios:
-
Your loved one had a Will.
-
Your loved one had a living trust.
-
Your loved one died without a valid Will or trust.
What happens next will depend on which of the three situations you experience.
Please note that neither Hix Legal, PLLC, nor Jordan A. Hix represent you with regard to the matters set forth by you in this form or discussed during your consultation unless and until you and the attorney execute a Representation Agreement.
Wills and Probate Administration
What happens when a loved one dies with a Will?
If your close relative had a valid Will, someone will need to open an estate with the court and file the Will. The court will decide whether the Will is valid, and issue papers that allow someone to serve as the executor of the Will.
The executor can try to do all of the legwork himself or work with professionals, like lawyers and accountants, to take the estate through the probate process. Typically, you or your lawyer will file a list of the decedent’s debts and final expenses, his assets, and the proposed distributions. Creditors can file claims against the estate. The executor can pay the claims or contest them.
After all debts and expenses get paid, the judge reviews the proposed distribution and either approves or denies the proposal. Once approved, the executor can pay out the distributions to the beneficiaries and close the estate.
The probate process is far more burdensome than one might think. Often people try to handle these legal matters on their own, only to get overwhelmed and turn to a lawyer to finish the job. We understand what you are going through, and will be happy to take on these tasks for you.
How Estate Administration Works with a Trust
If your loved one prepared a living trust, you can likely avoid a lengthy probate process. Also, the privacy of your family and your deceased relative get protected by a trust, because the trust does not get filed with the court. When people file items with the court, which they must do when there is a Will, those things become public record.
At Hix Legal, we can take care of the estate administration when your deceased loved one prepared a trust. The trustee named in the trust papers does not have to handle all the work by himself. The trustee can work with a lawyer to follow the instructions of the trust. We do not have to get approval from a judge. We can pay the debts, expenses, and other obligations of the estate, then distribute the assets according to the terms of the trust.
With a Will, the executor’s job concludes after the will goes through the probate process. The decedent might have created a trust that will last longer than the year or two than probate can take. The ability to keep the estate open for a more extended period is one of the many advantages of a trust.
Let’s say that the decedent had young children. A trust allows a person to appoint someone to manage the trust assets until the children become adults, and then distribute the assets however the trust dictates. Some people follow a percentage formula, like giving the children one-third of the money at age 18, one-third at 25, and the remaining one-third at age 30. Another distribution scheme can be that a child will receive half of the money when he gets a bachelor’s degree and the other half when he earns a graduate degree.
The trustee (or the lawyer for the trustee) will follow the trust instructions over the years, which can be 20 years or longer. As the lawyer for the trustee, we can watch over the process and make sure that the trust gets administered correctly.
Dallas Probate Administration Attorney, Jordan Hix Can Take Care of the Legal Work When You Have More Important Matters on Your Mind.
Probate Administration When There is No Will
What Happens When Someone Dies Without a Valid Will
or Trust in Dallas?
Despite what your loved one might have wanted, if he did not have a valid Will or trust, the state of Texas will decide who receives his assets and in what amounts. The probate process is more expensive when the person dies intestate (without a valid Will or trust), so there will be less money for the family in this situation.
Some people think that they will save money by not having a lawyer draft a Will or trust, but the increased probate expenses can cost far more than the legal fees to prepare the estate planning documents. Also, the decedent has no control over who inherits if he passes away intestate.
We can help the legal beneficiaries with intestacy proceedings. Cases like this can be even more complex than estates with Wills or trusts. We will be patient and understanding of your circumstances.
How Jordan Hix Can Help with Probate & Estate Administration in Dallas
We realize that you are going through one of the most difficult times when you lose a loved one. When you work with us, we can shoulder the burden of the legal issues, to give you time for grieving, healing, and rebuilding your life.
We can help by:
-
Explaining who can file the Will with the court or administer the trust.​
-
Answering your questions about the probate and estate administration process.
-
Drafting the documents for the court and handling the court hearings.
-
Providing guidance at every step.
-
Handling the federal estate tax returns in cases that require them.
-
Advising you about the obligations of the executor or estate administrator.
-
Locating and marshaling the assets of the decedent.
-
Helping you to manage the trust or estate assets.
-
Paying valid debts out of the estate assets and challenging spurious claims.
-
Safeguarding the rights of beneficiaries.
-
Handling contested matters, like challenging or defending a Will or trust
-
Calculating and administering the distribution of assets to the beneficiaries.