Click the Title Below for FAQs on that topic

PROBATE

ESTATE PLANNING

GUARDIANSHIP

GUARDIAN/ATTORNEY AD LITEM

MEDIATION & ARBITRATION

POWER OF ATTORNEY

SPECIAL NEEDS TRUST

MUNICIPAL GOVERNMENT

DEFINITIONS

PROBATE FAQs

Probate is the legal process required for administering the estate (where do all my assets go?) of a deceased person (the Decedent).

While hiring an attorney for a probate action is not legally required, courts are increasingly moving towards requiring a licensed attorney represent parties in a probate action.

“Testate” means that the Decedent had a Will, whereas “Intestate” means that the Decedent died without a Will.

Yes, you can still probate the Decedent’s estate even if there was no Will. The Texas Estates Code provides for “intestate succession.” It is very common to probate without a Will, but it will likely take longer and cost more to complete the process. Without a Will, the Court will appoint an administrator rather than an executor.

Yes! While the original Will is ideal, it is possible to probate a copy of a Will. Though it may add some expenses and a delay.

The key difference between an Executor and an Administrator is determined by whether the Decedent had a Will. An Executor is named in the Will to manage the estate, while an Administrator is appointed by the heirship when no Will exists. Once appointed, both have the authority to manage the estate.

Subject to qualifications, but typically it is someone who has an interest in the Decedent’s estate, such as a spouse or child.

To give the classic lawyer answer… “it depends”

The duration of probate varies based on several factors, such as the courts availability, the county in which the probate is taking place, and if the decedent had an original will.

Yes! Please refer to our Estate Planning section to learn how you can structure your affairs to avoid probate.

No. Some assets pass outside probate (e.g., joint accounts, TOD deeds, life insurance).

An heirship proceeding is used to identify legal heirs.

Yes, through trusts, beneficiary designations, and certain deeds.

ESTATE PLANNING FAQS

No law requires individuals to have a Will. However, it is highly recommended that you consult an attorney to draft a Will that reflects your wishes regarding your assets and personal items upon your passing. In the absence of a Will, the Texas Estates Code determines how your assets are distributed.

A Beneficiary is someone designated in the Will to receive part of the estate. An Heir is someone recognized under the Texas Estates Code as having a blood relationship with the Decedent, such as a spouse or child, that if the Decedent dies without a Will (Intestate), the heirs become the beneficiaries of the estate. It is possible to be either a Beneficiary or an Heir, but not necessarily both.

Example:

Your best friend can be a Beneficiary in your Will but is not your Heir.

Your child is an Heir, but if you disinherit them through the Will, they would not be a Beneficiary.

No. If you do not want an heir to be a beneficiary, it is essential to have a Will. Just because someone is an Heir does not automatically make them a Beneficiary of your estate. However, if you pass away without a Will, that person could become a Beneficiary based on their family relationship to you.

A Living Will, more accurately known as the “Physician’s Directive” or “Directive to Physicians,” allows you to specify your wishes in the event of an irreversible diagnosis or a terminal illness your death imminent. This document only takes effect when you are unable to communicate for yourself.

No! The Medical Power of Attorney can only make medical decisions on your behalf when you cannot.

Yes. Estate planning ensures the right people make decisions for you and prevents unnecessary court involvement.

Texas intestacy laws determine who inherits your property, which may not match your wishes.

Every 3–5 years or after major life events (marriage, divorce, birth, death).

No. It only transfers real property; a will addresses all remaining assets.

POWER OF ATTORNEY FAQs

Immediately upon signing unless written to begin at incapacity.

Yes, at any time while competent.

Yes, jointly or separately.

GUARDIAN AD LITEM &
ATTORNEY AD LITEM FAQs

Investigates the circumstances, speaks with involved parties, and recommends what is best for the individual.

They advocate for what their client wants, even if it differs from others’ opinions.

The court, in matters involving minors, incapacitated persons, or when required by statute.

Yes, they may present findings and recommendations.

MEDIATION & ARBITRATION FAQs

Mediation facilitates negotiation; arbitration results in a decision similar to a judge’s ruling.

Mediation and Arbitration are two forms of alternative dispute resolution (ADR) designed to help individuals and organizations resolve conflicts outside of a traditional courtroom. These processes are often faster, more cost-effective, and more flexible than litigation, while still providing structured frameworks for fair and informed decision-making.

Mediation is a voluntary, confidential process in which a neutral third-party mediator facilitates communication between disputing parties. The mediator does not issue rulings; instead, they guide the parties toward mutually acceptable agreements. Mediation prioritizes collaboration, creative problem-solving, and preserving relationships whenever possible.

Arbitration involves a neutral arbitrator who listens to both sides, reviews evidence, and issues a binding or non-binding decision. Arbitration resembles a streamlined court process but is typically more efficient, private, and tailored to the needs of the parties involved.

Both methods empower parties to resolve disputes with greater control, reduced conflict, and increased efficiency.

Yes. Discussions cannot be used in court.

A skilled mediator helps parties communicate, manage conflict, and develop realistic settlement offers.

MUNICIPAL GOVERNMENT FAQs

Class C violations including charges in traffic, city ordinance, penal, Alcohol and Beverage Code, etc. 

To conduct initial hearings, issue warrants, and ensure constitutional protections.

Protect What Matters Most

Schedule Your
Consultation Today

DEFINITIONS

ESTATE PLANNING DEFINITIONS

Estate Planning:
The process of arranging personal, financial, and medical affairs to ensure your wishes are honored during incapacity and after death.

Will:
A legal document stating how your assets should be distributed after death.

Revocable Living Trust:
A flexible legal tool that allows your assets to be managed and transferred without probate.

Directive to Physicians (Living Will):
A document expressing your wishes regarding medical treatment if you cannot communicate.

HIPAA Authorization:
Allows designated people to access your medical information.

Transfer on Death (TOD) Deed:
A deed transferring real property directly to a beneficiary at death, avoiding probate.

PROBATE DEFINITIONS

Probate:
The legal process of validating a will, identifying heirs, paying debts, and distributing assets.

Muniment of Title:
A simplified probate process used when a will exists and there are no debts.

Independent Administration:
A less supervised form of probate allowing the executor to handle most tasks without court approval.

Dependent Administration:
A court-supervised probate process requiring approval for major actions.

Small Estate Affidavit:
A simplified method for transferring assets when the estate’s value qualifies under Texas law.

GUARDIAN AD LITEM & ATTORNEY AD LITEM DEFINITIONS

Guardian ad Litem:
A court-appointed individual who represents the best interests of a child or incapacitated person.

Attorney ad Litem:
A court-appointed attorney who advocates for the expressed wishes of the person being represented.

Best Interest Evaluation:
An objective investigation into the person’s needs, safety, and circumstances.

GUARDIANSHIP DEFINITIONS

Guardianship:
A legal process in which the court appoints someone to make decisions for an incapacitated adult or minor.

Guardian of the Person:
Makes decisions about living arrangements, medical care, and personal needs.

Guardian of the Estate:
Manages financial affairs and property.

Incapacitated Person:
Someone who lacks the ability to care for themselves or manage their finances due to disability, illness, or age.

MEDIATION & ARBITRATION DEFINITIONS

Mediation:
A voluntary, confidential process in which a neutral mediator helps parties reach a mutual agreement.

Arbitration:
A dispute resolution process where a neutral arbitrator reviews the case and issues a binding or non-binding decision.

Settlement Agreement:
A written agreement documenting the resolution reached during mediation.

MUNICIPAL GOVERNMENT DEFINITIONS

Municipal Prosecution:
Representation of the city in cases involving violations of municipal ordinances.

Magistrate Duties:
Issuing warrants, advising individuals of rights, and making initial bond determinations.

Ordinance Drafting:
Creating, revising, and interpreting city laws and regulations.

Open Meetings Act Compliance:
Ensuring city councils and boards meet legal transparency requirements.

POWER OF ATTORNEY DEFINITIONS

Durable Power of Attorney:
Allows someone to make financial decisions for you even if you become incapacitated.

Medical Power of Attorney:
Allows someone to make healthcare decisions on your behalf.

SPECIAL NEEDS TRUST DEFINITIONS

Special Needs Trust (SNT):
A trust designed to provide supplemental financial support without jeopardizing eligibility for government benefits like Medicaid or SSI.

Trustee:
The individual or institution managing the trust assets.

Protect What Matters Most

Schedule Your
Consultation Today