There are two different types of probate lawyers in Collin County, Texas: one that is retained by a decedent's surviving spouse and another that is retained by a beneficiary. The surviving spouse is the one who is usually involved in the paperwork of the sale. A beneficiary, on the other hand, is an individual who receives the proceeds from the property after the death of a decedent.
The first time a client calls a probate attorney, he or she will probably be talking to one of their client's beneficiaries. The attorney will need to determine whether or not the client has a will not have a will. This decision is based on whether or not a client has left instructions with his or her estate executor.
If there is no will, or if the executor failed to include instructions regarding the distribution of funds, the estate executor will be contacted. The attorney will then review the deceased's will, which is known as the Last Will and Testament and determine if it is likely to be challenged.
If the will is contested, it can be reviewed by another individual. After the review, the estate executor will have to file with the court, or the probate court, a legal motion in order to get a copy of the deceased's last will and testament. The purpose of the motion is to make sure that the estate executor has complied with the terms of the will. If the motion is denied, it can result in a stay on the estate executor's ability to distribute the money to the client's beneficiaries. Visit this page and get to click here for more on the above topic.
If the estate executor cannot prove that it followed the will, it is considered a breach of the trust of the client's estate. It is very important for a client's estate to follow its last will and testament. This ensures that any debts and property left behind by the deceased can be properly handled. If you want to read here on collin county probate fees, visit this site.
An attorney in Collin County, Texas will be able to handle all of the details of the probate proceeding including collecting the relevant documents, ensuring that the will is properly executed, preparing a will, and negotiating for a settlement between the decedent and his or her family members or other beneficiaries. If a person passes away without leaving a will, it is possible for a probate attorney to help a beneficiary to receive the funds that the deceased owned and used. If you want to know more about this topic, then click here: https://en.wikipedia.org/wiki/Lawyer.