Probates/Wills/Guardianship

This site is designed to give you information. But this is one piece of advice: Please have a Last Will and Testament. Everybody, no matter how large or small their estate need a will. If you do not have a will this have two (2) consequences. First, the State of Texas, by the probate code will in effect write you will for you. Second, not having will increase the costs to your loved ones. So please have a will prepared. A will lets you specify in detail how your assets will be distributed and how debts if any will be paid. You can select, subject to the approval of the Court, who you wish to administer your affairs. In your will you can determine the disposition of your property and indicate what your final wishes are. Even if you have will that does not end the process. Most wills need to be "probated." Most of the time the will can the probated at small expense with no more involvement of the Court. The County Court has original jurisdiction over guardianship matter. Guardianship is a process where a person is appointed to manage the person and the estate of someone who is not able to do that on their own. This may be children or it may be a disabled child who has turned eighteen years of age and does not have the capacity to make decisions on their own. More often guardianship is for an aged parent who is because of dementia or some other issue unable to manage their own affairs. The probate court has regularly appointed Joe to represent people in guardianship actions. In connection with preparing a will a person can execute a declaration of who their guardian should be in advance of needing a guardian. As such, you should have a will, an advanced directive, a health care power of attorney and a directive to physicians.