Probate and


Oil & Gas


Attorney serving

Fort Worth and

surrounding


areas


Based in Tarrant County, we serve all surrounding counties including Dallas, Parker, Wise, Johnson, and Hood.

Estate Planning: It is import to have a comprehensive plan for your assets, including a Last Will and Testament that a Texas court will rule as valid. Whatever the level of wealth, we can help form a plan tailored to your needs. The probate process can be expensive and time consuming, so our goal is always to explore non-probate solutions when possible. Trusts, transfers on death, and other non-probate solutions can be effective ways to achieve your goal while saving money. 

Probate: Whether the deceased died testate (with a valid Will) or intestate (without a known valid Will), we can help. An experience probate attorney can guide you through the probate process and ensure your interests are looked after. While some probate actions require representation, hiring our firm will ensure someone experienced is looking after your interests.

Oil & Gas:  As an experienced landman entering law school, David Moss looked to expand his knowledge of the industry even further. David has  completed hundreds of title opinions for a wide range of clients. We offer Drilling, Division Order, Interest Verification, or any other title opinion you should require. We can also represent you in any kind of industry related negotiation. Bring your Oil & Gas title questions to us!

Estate Planning

The best thing you can do for your family is to have a solid estate plan in place well before death.

Probate

With or without a will, we are here to help advocate and guide you through the probate process.

Oil & Gas

We provide title opinions for producers and mineral buyers, and can consult on and help negotiate Oil & Gas transactions.

Probate Basics

What is Probate?

Though probate sounds like a complex and intimidating concept, it is a common legal procedure. Probate is the way that assets are formerly passed from a deceased person to his or her heirs or beneficiaries. The probate process depends on the type of property, how it’s owned, and what the state laws are. For example, probating a Will in Texas could have different stipulations than probating a will in New York.

Testate – Probate with existence of a Will

In Texas, when a deceased person leaves a Will behind, the first step is to determine if the Will is valid and conforms to Sec. 59 of the Texas Probate Code. If a qualified attorney believes the Will is valid, an application to have the Will accepted by a court for probate can then be filed. Upon hearing a properly submitted application, the probate court can appoint an executor who’s job it is to ensure that the estate is properly distributed to the heirs and beneficiaries. The executor is in charge of managing the affairs of the decedent according to the probated Will. This often includes going through the entire probate process, collecting assets, paying off debts, distributing assets and closing the estate.

To avoid a costly and complicated probate process, it is very important to have a properly drafted Will that is updated regularly and organized records of debts, personal property, and other assets. The easier it is for your Will executor to navigate your assets after you’ve died, the simpler the process.

Contesting a Will in Texas

After a Will has been admitted to probate, Texas Probate Code Section 93 generally allows two years for interested parties to contest a Will. Typical grounds for contesting are Lack of Testamentary Capacity, Undue Influence, Due Execution, or other issues of failure to comply with the Texas Probate Code. An experience probate attorney can examine the facts of your case to determine if there are grounds to contest a Will and can represent you in such an action.

Probate without a valid Will – Intestate Succession

If someone dies without a valid Will, it is said they died Intestate. This just means the deceased’s property will be distributed according to Chapter 201 of the Texas Estates Code. The Estates Code has very specific rules as to who will inherit from the decedent, but in order to do so, the heirs of the decedent must first be identified. This is completed through a judicial determination of heirship. Upon hearing a properly submitted application, a judge will legally determine the heirship. As in the probate of a Will these can be very simple, or very complicated depending on the facts of the case. A qualified attorney can help complete this process smoothly.

An experienced probate attorney protects your interests. Features of our Firm

Compassionate Attorney

Dealing with death is difficult and emotionally taxing. We are here to make the process as painless as possible.

Advocacy

We are here to be your voice. Your experienced probate attorney can speak for you and look after your interests every step of the process.

Experienced

It is important to have an experienced probate attorney who knows the law and has experience in the courts. Our experience and knowledge will give you peace of mind.

Savings

We look after the best interests of our clients, not our own. We always find and present the solution with the best economic outcome for our clients.

Close Menu