Harris County Probate

Friday, September 23, 2011

A Houston Probate Lawyer Gives Provides a Quick Overview of the Probate Process

By: Kim Hegwood, Probate Attorney in Harris County

In some circles, “probate” almost feels like a dirty word.  There are plenty of reasons that a person may prefer to skip the probate process, when possible, but it is a fact of wills and trust administration.  The details of probate can vary somewhat from place to place.  For example, probate in California will likely be different than probate in Washington.  There are such differences, in fact, that separate proceedings are necessary for an individual with estates in both states.  This means that involving a probate lawyer from Houston is usually the best choice for those who are local.

The process of probate is used to ensure that an individual’s estate is being administered in a way that conforms with probate laws.  This is one of the reasons that a qualified probate lawyer can make such a difference.  He or she can help family members and other heirs navigate the process and ensure that all steps are being completed properly.

Many of those who engage in estate planning do their best to avoid probate by creating a living trust.   This helps to set out their wishes in advance and allows for a trustee to follow through on those wishes when the time comes.  Those who simply have a will and those who have not planned their estates at all will have their assets go into probate.

One of the biggest concerns about probate is the fact that it is a public affair.  Because the will or estate goes through the court system, the information that arises is available to the public.  While this may not be a major concern for some people, others prefer to keep matters of money, property, and inheritance private.

Another common concern is the cost.  A considerable amount (anywhere up to four percent) of the gross of an estate will go to the courts.  A similar amount will be paid in attorney’s fees.  For some people, these fees are negligible, but in many cases, these costs significantly affect the overall inheritance.

Finally, if you are involved with an estate that is going into probate in Houston, it is important to be aware that it can be a lengthy process.  An accounting must be done of all the assets, creditors must be contacted regarding any money owed, and assets may need to be sold off.  All of these things take time.

A good Harris County probate lawyer will have experience with this process making it smoother.  He or she will also understand the concerns of those involved and will keep clients up to date and informed on the status of their case.  While a wills and trust lawyer is a great contact point during estate planning, a Houston probate lawyer may very well be needed as the estate is actually being administered.

At Hegwood and Associates, PC we are here to assist you with your probate and estate administration needs.  It is our goal to make navigating the complicated world of probate as easy as possible and help you carry out the wishes of your deceased loved one.   If you have specific questions or you are not sure how to get started with the probate process, please give our office a call at (281) 218-0880 and ask to schedule a Lifetime Legacy Planning Session ($750 value).

Friday, September 09, 2011

Houston Probate Lawyer Weighs in on Whether to Add Your Child to Your Bank Accounts to Avoid Probate

Individuals engaged in estate planning often get panicky when they hear the word “probate.”  When the term hasn’t been fully explained by a probate lawyer (and sometimes even when it has), it conjures visions of long waits, loss of inheritance, and many other hassles for heirs of an estate. 

To calm these fears (and to avoid working with an attorney), many people consider the idea of adding one or more of their children to their bank accounts.  Generally speaking, each “joint tenant” of an account has complete access to the money, but when one dies, the entire amount becomes the property of the other joint tenant(s). 

This may seem like a logical way to directly transfer money to heirs without going through the probate process, but a skilled probate attorney in Houston needs to keep clients informed of potential pitfalls of this approach:

• As it has already been mentioned, all joint tenants have access to the funds in the account.  This means that either party can withdraw money at any time.  If the child added to the account is not entirely trustworthy, this can be a devastating reality when the money is used inappropriately.
• In a case where the parent passes away, any money received by the child can be considered a gift, which means that it is subject to a variety of laws and may be taxed.  A Houston estate tax attorney will be able to keep you up-to-date on current laws and regulations in our area.
• Creditors for both parties can have access to this account.  That means that if one joint tenant dies (even the one who is not in debt), the other’s creditors can go after the money they jointly held.  Keep in mind that this means that if the child has had credit problems, those creditors may have access to the parent’s money.
• Money left in the event of the parent’s death will only be accessible to the other named tenant(s).  If one child has been responsible for the majority of a parent’s elder care and therefore is on the account, he or she will likely have no legal responsibility to share those funds with other siblings.  Again, trustworthiness is an important issue.

If you are considering adding a loved one to a bank account as a means to avoid probate, it’s important to at least talk to a Houston probate attorney about your options. You may find that simply giving your loved one power of attorney over the account or holding your assets in trust may be more preferable based on your circumstances.

To get the information you need, please feel to give our Houston probate law firm a call at (281) 218-0880 and ask if you qualify for a free Lifetime Legacy Planning Session ($750 value). During this comprehensive session, we can help you determine the best methods for protecting your assets if death or disability should occur. However, these sessions are limited to 10 per month so call today!

Monday, August 01, 2011

Probate Attorney in Harris County Answers, “How do I obtain a death certificate?”

If you have lost a loved one and are now attempting to close out their estate, we are sorry for your loss and we understand how frustrating the process can be.

The steps to take after the loss a loved one can be overwhelming, but requesting a death certificate is a great place to get started.  You will need a death certificate to complete many of the administrative tasks that you will face in the weeks to come, so it only makes sense to order a copy of this as soon as possible.

While the exact process to order a death certificate can vary from county to county, there are basic guidelines that you can follow to make the request for a death certificate as quick and easy as possible.

Let’s take a look at these guidelines:

- I typically recommend ordering 8-10 copies of your loved one’s death certificate. As mentioned above you will need them for many tasks over the next few weeks, so it’s best to have them on hand. The easiest way is to order them through the funeral home, as there is generally a lag time when you order straight from the county recorder’s office.

- Make sure to have the following information readily available when filling out the request:

• Full name of the deceased
• The date of death
• The place of death
• The deceased’s date of birth
• The purpose of your request
• Your driver’s license number
• Provide a self-addressed stamped envelope along with your request
• Typing or printing the information is helpful

If you are still not sure how to properly obtain a death certificate for your loved one, or you need to know whether or not you should obtain one based on your responsibilities, contact ourHarris County probate lawyers at the Hegwood and Associates by calling (281) 218-0880 to schedule a free consultation. Not only will we provide you with information onhow to obtain a death certificate in Harris County, but we can also help you navigate the complicated world of probate after a loved one’s death.  Call today!

Wednesday, March 09, 2011

Harris County Probate Attorney Reveals 8 Important Steps to Take After the Death of a Loved One

As a Houston probate attorney, I’m often asked, “What are the most important steps I need to take after the death of a loved one?”

While there are undoubtedly a ton of things to do in the days and weeks following a loved one’s passing, I like to advise families to start with 8 specific tasks that will help them get a grip on closing out an estate.  These steps will ultimately help to beat overwhelm, avoid oversights and give families the time they need to grieve, instead drowning in paperwork and government red tape:

1. Secure all property- One of the first things I advise families to do is to secure any property included in your loved one’s estate.  This means immediately removing valuables and locking everything up tight (including garages and sheds!) to keep the property safe from criminals or vandals.  This will also prevent other family members from picking through your loved one’s assets before the proper time.  
2. Request certified copies of the death certificate-A certified copy of your loved one’s death certificate can typically be ordered from the funeral home or you can apply for one through the Harris County Clerk’s Office here.  You will need this death certificate to claim social security benefits, transfer property, close out bank accounts and handle any other financial affairs. 
3. Freeze financial accounts- You’ll want to take an inventory of your loved one’s financial affairs as soon as possible following his or her passing.  Essentially you’ll want to make sure all automatic debits are stopped and a freeze is placed on all bank accounts and credit cards that are not jointly owned.  It’s also a good idea to stop any automatic deposits scheduled to hit the bank account before you officially close it out.
4. Locate estate planning documents and contact a probate attorney- 99.9 % of the time, families will need to contact a Houston estate planning attorney immediately following the death of a loved one.  That’s because the administration of your loved one’s estate will depend on the legal documents he or she had in place at the time of death.  So for example, if your loved one did not have a will or only had a will in place, you will need an attorney to assist you in filing with the probate court. If your loved one had a trust in place, you may avoid the court process, but will still need to contact an attorney to ensure the trust is administered properly and all expenses of the estate are paid. 
5. Relocate abandoned pets- If a loved one died leaving pets alone in the house, you should immediately take steps to place the animals with another family member, friend or local shelter.  You may also want to contact your loved one’s attorney to find out if they had legal plans in place (such as a pet trust) to care for their beloved friends upon their passing.
6. Contact social security- Social security must be notified following the death of a loved one. You should call them at 1-800-772-1213.  Benefits will be stopped upon notification and you can also inquire about surviving benefits for a spouse or child.
7. Open Benefit Claims- If your loved one had life insurance or was entitled to death benefits from his or her place of employment, union or civic organization, you must contact such organizations in the days and weeks following your loved one’s death to start your claims.  .
8. Consider long-term care for the surviving spouse-  If your loved one left behind a surviving spouse who is elderly and unable to live alone, consideration should immediately be given to his or her long-term care. This may range from moving in with another relative to hiring round-the-clock in-home health aides.  Nursing home care may also be required in this situation, to which I’d advise you to consult with a Houston probate lawyer to discuss potential ways to protect your loved one’s assets before making such a move.

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Of course in addition to taking the steps above, I always welcome you to contact me, your neighborhood Houston probate lawyer for help.  Our office can assist you in working through the legalities of your loved one’s estate and handling any estate administration needs.

By simply mentioning this article, you can come in for a complimentary planning session (normally $750).  However, this offer is limited to the first 10 responders, so call (281) 218-0880 to reserve your space.

Thursday, January 06, 2011

Houston Probate Attorney Discusses How to Protect Your Inheritance if Your Beneficiary Dies Before You

By: Kim Hegwood, Houston probate attorney

As a Houston probate attorney, I help families every day choose who they want to be the beneficiary of their estate when they pass away.  While this may seem like an easy task, it can actually get quite complicated if you have very specific wishes as to whom you want to receive your assets upon death.

For example, you may specifically want your house to go to your oldest child, an expensive jewelry collection to your favorite niece, journals and memoirs to a granddaughter and a modest financial gift to your favorite charitable organization.  You’ve thought long and hard about this and you know you want theses wishes to be carried out upon your passing, no matter what.

Yet despite your best intentions, have you thought about what would happen to such assets if your chosen beneficiary was not living at the time of your death?  

I can tell you in my experience as a Houston probate attorney that most people don’t, and this oversight could easily result in someone you would never want to inherit your estate when you are gone (which is exactly why DIY wills are so dangerous—it often takes an attorney to point out things you should be adding to your estate plan for maximum protection).

Fortunately there is an easy solution to this, and that is naming alternative beneficiaries to inherit your estate if a chosen beneficiary precedes you in death.

So let’s say for example that you want to leave one of your properties to a very close family friend, Hector.  Yet at the same time, you do not want the property going to Hector’s heirs or anyone else for that matter if he dies before you.  In this case, you would then name an alternative beneficiary, your niece Mary, if Hector is no longer alive to inherit the asset.

As you can see, this clears up any confusion and will ensure your inheritance does not wind up in the hands of someone you would never want if your original beneficiary dies before you.

Yet I realize many people avoid taking this extra step to name alternative beneficiaries because it can be painful to think about.  This is especially true for parents who want to leave everything to their children and can’t bear the thought of a child dying before them.

Of course as a Houston probate attorney, I understand and sympathize with this fear, but it’s also important to remember that you are doing your surviving heirs a huge favor by dealing with this issue so they don’t have to.  You certainly don’t want a judge who doesn’t know you or your family deciding what to do with your estate if you fail to name alternative beneficiaries.

So if you have a will that does not list alternative beneficiaries in the event your chosen beneficiary precedes you in death, I urge you to meet with a Houston probate lawyer to discuss how to update your estate planning documents.   By simply mentioning this article, you can come in for a Lifetime Legacy Planning Session (normally $750) free of charge at our Houston office. Simply call (281) 218-0880 to reserve your spot.

Wednesday, December 08, 2010

Avoid Probate in Harris County Using Transfer on Death (TOD) Agreements

By Kim Hegwood, Harris County Probate Lawyer

Avoiding probate in Harris County is a very real concern for people who want to make sure certain assets such as stocks, bonds, brokerage and bank accounts automatically pass to their heirs upon their death.

In such a scenario, Transfer on Death Agreements (also known as TOD’s) can be a very useful and convenient estate planning tool in making sure your loved ones are financially taken care of in your absence.

Essentially, Transfer on Death Agreements allow you to pass ownership of your accounts directly to a beneficiary of your choosing when death occurs.  Without such designations, each account would have to go through the probate court before it can be distributed to your desired heirs. 

Yet you may be wondering, “What’s wrong with going through Harris County probate and why bother with tools such as TOD’s to avoid it?”

Well for starters, many people wish to avoid involvement with the Harris County probate court simply because it could take a year or longer before the funds actually reach your desired beneficiaries.  This is problematic for families who desperately need the assets to pay for burial expenses, outstanding medical bills, mortgage payments, and general living expenses.

Not to mention, the value of your assets passing through probate may be reduced by as much as 5%, as mandatory attorney and court fees will be taken directly out of the estate.

Finally, one of the greatest drawbacks of probate is that the value of your assets will be made public for the whole world to see. This aspect of Harris County probate is especially troublesome for people who do not want every scam-artist or busybody in town knowing what their heirs stand to inherit upon their passing.

Yet it is important to remember that while TOD agreements will help you avoid probate on some of your assets, it won’t help you avoid probate on the rest of your personal effects such as jewelry, collections, family heirlooms, the contents of your home, etc.

Nor will TOD agreements help you minimize the amount of estate taxes your family might have to pay upon your passing or protect your assets if incapacity and not death occurs.

That’s why it’s so important you speak with a Harris County probate attorney before making any decisions about your financial or legal affairs.  While a TOD is indeed a useful estate planning tool that can help you avoid probate, it may not be the best – or the only tool your family needs to ensure they are protected should something unexpectedly happen to you.

Fortunately, we’ve made the process of meeting with a Harris County probate lawyer easier than ever by offering free Lifetime Legacy Planning Sessions (normally $750) to anyone that takes the time to read this informational article.  However, these sessions are limited to 10 per month, so call (281) 218-0880 to reserve your spot today.