Probate Attorney Clear Lake | Probate Executor Appointment
If you have recently lost a loved one, the responsibilities and decisions can seem overwhelming and confusing. Let our Probate Attorney Clear Lake lighten your load. With our 25+ years of experience, Badeaux and Associates can help you navigate the legal processes efficiently, therefore saving you time, money and undue hardship. An executor gets appointed through the probate process.
The Probate Process
If the decedent died with a Will, unless disqualified by law, the person named in the Will should be the Executor of the estate.
Q: What is an Executor?
A: An individual appointed to administer the estate of a deceased person. The Executor’s main duty is to carry out the instructions and wishes of the deceased. The Executor is appointed either by the Testator of the Will (the individual who makes the Will) or by a court, in cases where there was no prior appointment.
If the decedent died without a Will, Texas Probate Code Section 77 lists priorities for Executors based on the relationship of the person to the decedent. Generally, this person is called “Administrator” and their role is similar to Executor. Our Probate Attorney Clear Lake have represented hundreds of Executors and Administrators and helped them through the probate process.
Q: What are the Executor’s Duties?
A: The Executor is responsible for making sure all assets in the Will are accounted for, along with transferring these assets to the correct party. He or she also needs to ensure that all the debts of the deceased are paid off, including any taxes. The Executor is legally obligated to meet the wishes of the deceased and act in the interest of the deceased. The Executor can be almost anyone but is usually a family member, with the restriction being that he or she must be over the age of 18 and have no prior felony convictions.
The appointment of the Executor happens in probate court by the probate judge, as one of approximately 13 steps involved in probating a Will. The Probate Attorney Clear Lake at Badeaux and Associates drive their Clients to probate court to appear before the judge unless the Client does not want to attend the hearing, in which case the attorneys can usually go to the hearing on behalf of the Client.
For more information about the role of the Executor and the probate process, see the FAQs for Probate.
What Makes Us Unique?
While our Probate Attorney Clear Lake are more than happy to assist clients with straightforward estates, Badeaux and Associates also has extensive experience in decedent estates of second marriages, mixed community assets with separate assets, inherited assets, title problem assets, family owned business assets, LLC’s, and commercial real estate.
Most decedents owned real estate, and our firm has years of extensive real estate experience transferring title after someone dies.
Contact Our Probate Attorney Clear Lake Today
Speak with an experienced lawyer today at 281-486-4737! We are here to help, answer any questions you may have and provide you with the legal advice that you need!