If someone dies, certain assets may pass to heirs free of court interference; however, many assets do not automatically pass to heirs without a court process. This court process is called probate. If a loved one has died, it is a good idea to meet with an attorney to determine what specifically needs to be done to ensure title passes correctly.
During the probate process, if the deceased person created a will during their lifetime, that will is presented to the proper court and certain tasks must be performed. For example, the debts and taxes of the deceased person must be paid, it must be determined what the deceased person owns so that the assets can be divided accordingly. Finally, after all the necessary legal requirements have been completed, the property may be distributed as directed by a will or by Texas law.
Probate in the state of Texas can be fairly quick and inexpensive; however, it can also become lengthy and time-consuming. Probate can be supervised or unsupervised. In an unsupervised probate, the appointed estate administrator manages assets, pays any debts, files required tax returns and various court documents, and distributes the estate assets. In a supervised probate, the probate judge must approve every detail of the estate administration.
At Canales Law, our probate process provides our clients with an understanding of what to expect, a timeline with set goals and organizational tools to ensure the process stays on track.
If a loved one has passed away and you require probate assistance, Roel Canales can help.
Because probate can be a lengthy, costly and public process, many people choose to avoid it. There are a number of legal strategies that will allow you to pass property to another person after death, without going through probate.
Revocable Living Trust. A Revocable Living Trust is a legal document that allows you to establish a separate entity (the trust) to "hold" legal title to your assets while you are alive, and to name trustees to manage those assets according to the trust terms. Typically, you serve as the trustee while you are alive, managing your assets for your own benefit. Upon your disability or death, the trust terms appoint your successor trustee who then continues to manage or distribute the assets held in trust. A properly drafted trust can accomplish many goals, including guardianship and probate avoidance for your estate and bloodline, marital and creditor protection for your children.
Bottom line, we provide estate planning services, asset protection planning and business planning.
We also provide financial and medical powers of attorney.
Your business assets need to be protected, and your personal assets need to be shielded from the liabilities that arise from business dealings and transactions.
We will do provide you with the information you need to decide on which business entity to select and how many business entities you should create. Remember, the larger your business and asset portfolio, the more creative your business formation strategy should be.
Once the business entity is formed, we will advise you on how to keep maintain your corporate books up to date moving forward.
Additionally, we can help you with:
Contract formation and Lease Agreements.
Some of the worst semi-truck accidents involve large vehicles, including 18-wheeler trucks and tractor trailers. Common reasons for trucking accidents can be vehicular failure or driver error.
Whatever the case may be, you want an attorney that is going to take the time to quickly investigate your case, determine if you are covered for your injuries by insurance and not fall asleep at the wheel.
Clarissa understands that you do not want to be taken for a ride by the insurance company but instead get the coverage you deserve for your medical costs and suffering. We are here to help navigate through the legal system.
We will begin by evaluating the strength of your claim to identify whether or not you are eligible to pursue personal injury compensation. We will look at your medical records and the severity of the accident and resulting injuries to determine the potential value of your claim.
An attorney may be able to help you recover:
• lost wages
• pain and suffering
• past and future medical bills
• and other damages
When a trucking crash happens, you need someone on your side immediately. At Canales Law, we’re on your side.
There are a number of different causes of wrongful death claims, all of which are initiated by someone else’s wrongful or negligent act that ultimately leads to the death of your loved one.
Some of the most common causes of wrongful death lawsuits in Texas include:
• Medical malpractice
• Vehicle accidents
• Slip and fall injuries
• Construction and on the job accidents
In Texas, the surviving parents, children and a spouse can initiate a wrongful death claim. An executor or the personal representative of a decedent’s estate can also file the claim.
After your attorney has gathered all of the appropriate evidence for you to make an informed decision about which parties are entitled to financial recovery, the individuals who are named as responsible in the lawsuit should be put on notice and insurance information should be obtained. Settlement can happen at any stage of the lawsuit.
The MOST IMPORTANT THING to remember is, YOU DO NOT PAY, unless WE RECOVER DAMAGES FOR YOU.