San Antonio Probate Attorney

Bexar County Probate Lawyer Serving San Antonio

After the death of a family member, their loved ones often must navigate the probate process before the decedent's property can be divided. While the legal process can sometimes be straightforward, there can be many hurdles to overcome for those already going through a challenging time. Managing paperwork, handling assets and debts, resolving disputes, and other obstacles can add to the stress. Our probate administration lawyers at The Law Office of Ryan C. Moe, PLLC can oversee the legal burden for families after they have suffered a loss.

Legal Help Through the Probate Process

Our lawyers will work to protect your rights throughout the probate and estate administration process. This includes assisting you, the will's executor, or the estate administrator to:

• File a petition for probate
• Assess assets and debts
• Sell and liquidate assets
• Distribute assets to beneficiaries
• Resolve any probate disputes that arise

Our law firm has focused a large part of our practice on probate and estate administration. We can provide knowledgeable guidance to our clients on the specific rules that must be followed under Texas law.

Dependent Administration or Independent Administration

There are two ways to settle estates during the probate process, known as dependent and independent administration. Dependent administration requires the executor of the will to get approval from the court before most decisions are finalized. The executor's actions are also more closely followed by the probate judge, and they must provide regular updates. In an independent administration, there is less oversight, and the executor can complete many of their legal responsibilities without the need to seek court approval. If you are the executor of an estate or are otherwise involved in a probate process, we can help guide you through the process.

Heirship and Intestacy

In Texas, if a person passes away without a valid will, or if the will only covers a portion of their estate, intestacy laws control how the estate or remaining estate is inherited. Under intestacy law, the probate court determines the question of heirship, including who will inherit the property or who will get which shares of the property. Representatives of the estate, claimants to the estate, or an individual seeking to be appointed as an independent administrator of the estate are among those who can file an application to determine heirship.

Fiduciary Litigation

Those involved with the administration of a will or an estate, including trustees, guardians, executors, and estate administrators, must act in the beneficiaries' best interests and fulfill specific responsibilities. These are called their fiduciary duties. However, some individuals who function as fiduciaries may take advantage of the situation to steal money or withhold information. Some trustees may make unwise investment decisions. All of these are examples of possible breaches of fiduciary duty.

Will and Trust Contest Litigation

There are several reasons why families and individuals may dispute a will or a trust. Was the decedent of unsound mind or subject to duress or undue influence when they prepared their will? Was the will improperly executed, or did a later document supersede it? We can represent clients who are contesting a will, as well as those who are defending a will. A court can choose to invalidate all or a portion of the will. In that case, it may rule that a previous will is valid or that the decedent died without a valid will, which is known as dying intestate.

Contact a Bexar County Probate Law Attorney

We know the challenges that families and individuals face after the death of a loved one. Let us help you navigate the probate process and provide guidance for any issues you may be facing. To arrange an initial consultation to discuss probate law or probate administration questions, call our office at 210-861-6000 or contact us online. We serve clients in Bexar County and throughout the San Antonio area, including Boerne, New Braunfels, La Vernia, Floresville, Seguin, Castroville, Jourdanton, Hondo, Devine, and including but not limited to Bandera County, Atascosa County, Medina County, Kendall County, Comal County, Guadalupe County, and Wilson County.