Estate Planning : Difference Between Will & Living Trust

Estate Planning : How to Draw Up Executor of Estate Paper Work

Wills & Family Law : What is a Will Probate?

DISPUTES WITH EXECUTORS OR TRUSTEES

If you are a beneficiary of a will and the executor has not treated you fairly or is mismanaging the estate, you may need to pursue your legal rights. Similarly, if you are the beneficiary of a trust, the trustee must fairly manage the trust for the best interests of the beneficiaries. Executors and trustees are fiduciaries -- people held to very high legal standards.
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Definition of probate law terms

will - a will tells people your intentions of what you want to happen to your estate after your death.

probating a will - Probate is the simple step of having a court review the
decedent's will and appointing the person named in the will, the
executor, to manage the decedent's estate.

estate - all of your assets, bank accounts, properties, things, etc.

will contest - one or more people are saying that the will is not valid or want to change or challenge something that is in the will.

executor - the person in charge of executing the will.

guardianship - Having a person manage the affairs of another person who is unable to do so.

Guardianship

If your relative is not capable of handling his or her affairs, you may need a guardianship.  Contact our office for more information.  Establishing a guardianship can be relatively inexpensive.  http://www.texasguardianshiplaw.com/

Pyke and Associates Dallas, Texas - A Professional Corporation of Attoneys Specializing in Probate Law, Guardianship Law and Lien Law

Firm Overview
Pyke and Associates offer representation in the fields of probate law, guardianship, and lien work. Pyke and Associates' lawyers have practiced in the fields of probate law, lien work, and guardianship for over twenty years. Over the years, Pyke and Associates have completed hundreds of estate and cases in these fields, giving each new client the benefit of the experience and knowledge acquired from previous cases.

Probate Law
Probate law is the process of the legal distribution of a deceased person’s property and estate according to their legal will and personal wishes. Most individuals will experience a need for probate services; and most often, at very stressful points in their lives. The importance of a skilled and knowledgeable probate lawyer cannot be understated. Many Dallas competitors to Pyke and Associates are capable attorneys, but have very little probate experience. This can lead to mistakes that may be costly for clients. Mr. Pyke has the advantage of practicing in the probate courts on a daily basis with court appearances virtually every week. This experience allows the firm to provide quick, efficient, and above all, accurate, handling of estates. This increased speed and efficiency carries over to clients in cost savings, making Mr. Pyke one of the most competitive probate attorneys in the greater Dallas area.

Guardianships
Guardianship cases are classified into two categories; guardianship of the person and guardianship of the estate. Most of the time, guardianship of both is required. The most common types of guardianships are when elderly persons lose capacity and a guardian needs to be appointed to make health care and financial decisions for them leading to the appointment of a guardian of the person and guardian of the estate. One person can be appointed to both positions. Also, guardianship of the estates are created when minors receive gifts or inheritance because neither the minor or parents are legally able to handle those funds without a guardianship. Guardianship cases make up another large portion of cases with which Mr. Pyke is very experienced. This experience leads to the correct and accurate filing of each case. This attention to detail is one more area where Pyke and Associates stand out from the competition.

Lien Work
Most lien cases revolve around contract issues and the prevention of payment disputes. In many cases, subcontractors pursue liens to protect against payment fraud and non payment. This protects the subcontractor’s business and reputation. A lien is a powerful weapon to enforce payment to the subcontractor. Money spent on contract liens is money well spent, especially with larger projects. Pyke and Associates file liens efficiently and quickly, which allows contractors the freedom to start working right away. Pyke and Associates also offers their knowledge and experience to subcontractors who may be unsure of the best way to create a lien. Lien law can be tricky, so if subcontractors do it on their own, they usually totally lose their lien rights.

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Should the Estate be Closed?

If you are a beneficiary of the estate, you want your rightful distribution. It is frustrating to wait for an executor who seems to take their responsibility very casually. So, when do you stop waiting? If the executor has stopped talking to you, it is probably time to hire an attorney. If the executor's reasons for not distributing the estate don't make sense, it is probably time to hire an attorney. Estates can't be closed in a few weeks -- debts must be paid, property must be prepared for sell, and then sold -- but estates are an executors playground or investment vehicle. There are logical and reasonable steps to force an executor to close the estate and distribute the assets. After all, you just want your fair inheritance. Is it fair to wait years for your inheritance? No.

Heirship Companies

If a distant relative has died, and you're an heir, you might not know it very soon. Sometimes, companies investigate who the heirs are, contact them, and tell them they should hire the company to get them their inheritance. Should you hire them? Probably not. In Texas, the court and administrator of the estate have a duty to find the heirs. You don't have to pay someone to find the Court or the estate. If you know who has died and where they lived, check with the local court clerk's office and you can probably identify the estate. You can then file an appearance or hire an attorney to assist you, but you don't need to give up a hefty percentage of your inheritance just to be found.