Dallas, TX Estate Planning & Probate Lawyer

Not all estates go through probate, and whether yours will depends largely on how your assets are titled and what planning was done in advance. Assets that pass by beneficiary designation, like life insurance policies and retirement accounts, go directly to the named beneficiary outside of probate. Assets held in a trust pass according to the trust’s terms, also without court involvement. Jointly owned property with right of survivorship transfers automatically to the surviving owner. What remains, meaning assets titled solely in the deceased person’s name with no beneficiary designation, typically does require probate in Texas before it can be transferred or sold. The size and complexity of the estate can also affect which probate process applies, as Texas offers several procedures ranging from simpler affidavit-based options to full administration.

If you are unsure whether an estate needs to go through probate or want to plan ahead to keep assets out of it, we are glad to help. Contact us to schedule a consultation.

If you are the one applying for guardianship, Texas law requires you to be represented by a licensed attorney, and not just any attorney. Under the Texas Estates Code, the attorney representing a guardianship applicant must hold a specific certificate in guardianship law. That requirement applies from the moment you file.

Other parties involved in the proceeding — family members who receive notice, for example — can appear without an attorney. And once guardianship is granted, a guardian of the person can generally handle ongoing obligations like annual reports without legal representation.

But the filing itself, the court hearings, the mandatory notices, and the process of actually obtaining the guardianship order all require an attorney on your side. Beyond the legal requirement, these proceedings carry real consequences for the person whose rights are being affected, which is one reason courts take them seriously and the process has teeth.

Whatever your role, having an attorney who concentrates in guardianship means having someone who knows the process, can anticipate issues before they arise, and can help you present your case clearly to the court.

If you are considering guardianship for a loved one and want to understand what the process involves, we encourage you to reach out to schedule a consultation with our team.

Not necessarily, and this is an important distinction. A power of attorney grants authority only to the extent the document allows, and Texas law gives you significant flexibility in how broad or narrow that authority is. A general durable power of attorney can cover a wide range of financial matters, but you can also limit it to specific transactions or accounts. Separately, a medical power of attorney covers healthcare decisions, which is an entirely different document from one that addresses finances. The person you name, called an agent, also has a legal duty to act in your interest, and the authority granted does not override your own ability to act while you are still capable of doing so. Choosing the right person, and drafting the document with the right scope, matters a great deal since a poorly written or overly broad or narrow power of attorney can create problems, and a poorly chosen agent can too. We take the time to understand clients’ situations and ensure the documents we prepare reflect what they actually want. If you have questions about how a power of attorney works or want help putting one in place, contact us to schedule a consultation.

Whether a trust makes sense depends on your specific situation, and there is no single answer that fits everyone. That said, there are circumstances where a trust is worth considering: you want to minimize the risk of going through guardianship or probate, you own real estate in more than one state, you have a blended family, or you want more control over how and when assets are distributed after your death. A will alone can accomplish a lot, but it does not avoid probate, and it does not address what happens if you become incapacitated before you die. A trust can fill those gaps, though it also requires more upfront work and ongoing maintenance to keep properly funded.

The right answer for you depends on the makeup of your assets, your family circumstances, and your goals, which is exactly the kind of conversation we have with clients during a consultation. If you are wondering whether a trust belongs in your plan, we are glad to talk it through with you. Reach out to schedule a consultation with our team.

Probate is the court-supervised process of settling a deceased person’s estate. At its core, it does three things: it establishes that a will is valid (or, in the absence of a will, establishes who the heirs are under state law), it formally identifies who has authority to act on behalf of the estate, and it provides a legal mechanism for transferring assets that were titled in the deceased person’s name alone and addressing debts.

The reason it has to happen comes down to how property ownership works. When someone dies, their assets don’t transfer automatically just because they’re gone — there has to be a legal process that says who has the right to sell, distribute, or otherwise deal with those assets. In Texas, that process goes through the probate courts.

The good news is that Texas probate is generally more straightforward than people expect. Many estates qualify for independent administration, which involves limited court oversight once the process is underway. Some qualify for even simpler procedures. The process takes time and involves court filings, but it is manageable, and in many cases, it is not the obstacle people fear.

That said, probate can sometimes be avoided with the right planning. Assets held in a trust, accounts with named beneficiaries, and jointly owned property with right of survivorship typically pass outside of probate entirely.

Whether you are currently navigating a probate matter or want to plan ahead to simplify things for your family, we are glad to help. Contact us to schedule a consultation.

A will is one document within a broader estate plan, not a plan on its own. It tells the court how you want your assets distributed and, if you have minor children, who should raise them, but it only takes effect after death and must go through probate. Estate planning is the full picture: it includes your will, as well as documents like powers of attorney, medical directives, and potentially trusts that work together to address what happens during your lifetime and after. A well-built estate plan accounts for incapacity, reduces what your family has to sort out on their own, and keeps as much as possible out of court.

At Ellen Williamson Law, PC, we concentrate on estate planning and are happy to walk you through what a plan might look like for your situation. Schedule a consultation with our team to get started.