Blogs from August, 2024

Plano (August 29, 2024) – Crain & Wooley, an estate planning law firm, celebrated the grand opening of their new office in West Plano on Wednesday, August 28, with a ribbon-cutting ceremony. This new, centrally located office will allow the firm to better serve clients across the metroplex with their specialized legal services.

"The new space enables us to continue growing and to better serve our community as we expand our legal services within the metroplex," said Justin Crain, Managing Partner. "We’ve weathered a pandemic and navigated changes in the law, so this move marks an important milestone in our journey of growth," added Jacob Wooley, Partner.

The ribbon-cutting ceremony, held in partnership with the Plano Chamber of Commerce, was attended by clients, business partners, and staff.

In addition to the Plano office, Crain & Wooley also operates an office in Mansfield and is preparing to open a new satellite office in Fort Worth this fall.

Since 2018, Crain & Wooley has provided estate planning services, including the creation of wills and trusts, probate, adult guardianship, and more.

For more information on their legal services, visit www.crainwooley.law.

Crain & Wooley, with offices in Plano and Mansfield, serves the entire Dallas-Fort Worth Metroplex with exemplary estate planning services. With more than 15 years of experience in crafting comprehensive estate plans, Crain & Wooley works with clients to formulate the perfect plan to achieve outlined goals and leaving a familial legacy. Partners Justin Crain and Jacob Wooley dedicate themselves to transparency, integrity, and compassion in their services to the community.

Understanding Probate and Its Necessity

What is Probate?

Probate is the legal process of validating a will, settling debts and taxes, and distributing a deceased person's assets according to their wishes. It often involves court oversight and appointing an executor to manage the estate.

The probate process involves filing the will, notifying creditors and beneficiaries, inventorying assets, paying debts and taxes, and distributing assets. Each step requires careful documentation and court reporting, making probate detailed and often lengthy. Understanding probate's complexities helps in navigating this challenging process, especially if you are the sole beneficiary of your deceased spouse’s estate.

When Probate is Required?

In Texas, whether probate is necessary depends on the nature of the assets. If your spouse’s assets were jointly owned or if they designated you as the beneficiary, you might bypass probate. Examples include jointly held bank accounts, life insurance policies, or retirement accounts with named beneficiaries. However, if there are solely owned assets without beneficiary designations, probate might be required to legally transfer ownership. Probate guarantees that bills and taxes are paid and the estate is distributed appropriately, even if you are the only beneficiary. This is especially important when dealing with significant assets like real estate.

It's important to note that probate laws vary significantly from state to state. In Texas, for example, the probate process can be relatively straightforward compared to other states, but it still requires adherence to specific legal procedures. Understanding the local regulations and requirements is crucial for ensuring that the probate process is handled correctly. Consulting with a probate attorney can provide valuable guidance and help you navigate the legal complexities specific to your location.

Is Probate Easier When You’re The Sole Beneficiary?

Probate can be a straightforward process when you're the sole beneficiary, but it still involves legal formalities. Probate lawyers from Crain & Wooley can assist in assessing the assets and determining if probate is essential. Even if probate isn’t needed, a probate lawyer from our firm can help ensure all legal requirements are met and advise on estate settlements.

Speak With Skilled Probate Attorneys Serving Dallas-Fort Worth, Plano, and Beyond

Navigating the probate process can be complex and challenging if you're unfamiliar with the legal requirements and procedures and need to take care of this during a time of grief and loss. Consulting with a probate attorney at Crain & Wooley can provide valuable guidance and support, to help you understand your rights and responsibilities and ensure that the estate is settled in compliance with the law. An experienced attorney can assist with filing the will, managing the probate process, and addressing any disputes or challenges that may arise. Crain & Wooley offers expert legal services to help you navigate the probate process and ensure a smooth and efficient settlement of your deceased spouse's estate.

Contact Crain & Wooley to schedule a consultation and learn more about our probate services. Let us help you navigate this challenging time with confidence and ensure that your deceased spouse's estate is settled fairly and legally. Reach out and let our experienced team provide the support and expertise you need.

Speak with skilled probate professionals at . Contact us or call (972) 945-1610">(972) 945-1610 to get started. We serve clients in Dallas-Fort Worth, Plano, Mansfield, and beyond!

Understanding Probate Timelines

Understanding the timeline for probating a will in Texas is essential for ensuring a smooth transition of estate matters. At Crain & Wooley we frequently counsel clients on the importance of initiating the probate process within the legal timeframe.

In Texas, the deadline for probating a will is typically four years from the date of the testator's death according to Texas Estates Code § 256.003. This means that executors or interested parties must file the will with the probate court within this period. Missing this deadline can lead to complications, such as the will being considered invalid, and may result in the estate being distributed according to Texas intestacy laws, which govern situations without a valid will.

Exceptions To The Rule

One significant exception is using a will as a muniment of title. This option is available if the executor or beneficiary did not know about the will during the four-year window. To utilize this alternative, you must convince the court that all estate debts are tied to real property. This approach facilitates title transfer without the need for complete probate administration, especially advantageous for estates primarily made up of real estate.

Another situation where an exception can be justified is if fraud or error caused the will to be hidden or its existence to be unknown. If there is enough evidence to substantiate these assertions, the court may decide to allow probate to continue past the four-year mark in specific situations.

It's critical to move quickly and consult a Texas probate attorney to thoroughly examine these exclusions. A knowledgeable lawyer can guide you through the legal complexities, defend your rights, and make sure the court's orders are followed. Our estate planning law firm is committed to providing thorough advice on probate procedures, making sure that the estate of your loved one is managed with diligence and accuracy.

For Experienced Probate Guidance: Call (972) 945-1610

It might be complicated to navigate the Texas probate procedure, but you don't have to do it alone. Our skilled attorneys at Crain & Wooley are available to assist you at every stage, making sure that the estate of your loved one is handled effectively and in line with their desires. As an executor, beneficiary, or interested party, we provide individualized legal assistance catered to your particular requirements. Make an appointment for a consultation at our Mansfield or Plano offices to find out how we may assist you in moving through the probate process with assurance and comfort.

Contact Crain & Wooley online or call (972) 945-1610">(972) 945-1610 to make an appointment. Our probate attorneys serve clients in Plano, Mansfield, Dallas-Fort Worth, and beyond.

With the hot summer weather, it is essential to take steps to protect estate assets from potential damage caused by hot weather. Whether you are a trustee, executor, or beneficiary, ensuring that estate assets are properly maintained during the summer can help prevent costly repairs and preserve their value.

1. Inspect and Maintain Air Conditioning Units:

One of the most important steps in protecting estate assets during the summer is inspecting and maintaining air conditioning units. Proper maintenance can help prevent breakdowns and ensure the units operate efficiently. Clean or replace filters regularly, check for leaks or other issues and schedule annual inspections with a qualified HVAC technician.

2. Protect Outdoor Furniture and Decor:

Hot weather can cause outdoor furniture and decor to fade, warp, or damage over time. To protect these assets, consider investing in covers or storage solutions to shield them from the sun's rays when not in use. Additionally, regularly cleaning and treating wood furniture can help extend its lifespan.

3. Monitor Irrigation Systems:

During the summer, it is crucial to monitor irrigation systems to ensure that landscaping and gardens receive adequate water. Hot weather can quickly dry out soil and plants, leading to wilting or death. Consider installing an smart irrigation system that adjusts watering schedules based on weather conditions to prevent overwatering or underwatering.

4. Secure Valuables From Theft:

Hot weather increases crime rates, including thefts of valuable items from estates, such as tools, equipment, or outdoor furniture. To protect estate assets from theft, consider installing security cameras or lighting around vulnerable areas of the property. Additionally, storing valuables in locked sheds or garages can deter would-be thieves.

5. Prepare for Severe Weather Events:

In addition to hot temperatures, summer often brings severe weather events, such as thunderstorms or hurricanes, that can cause significant damage to estate assets. To prepare for these events, create an emergency plan that includes securing loose items outdoors, trimming trees near structures, and stocking emergency supplies like flashlights and non-perishable food.

Estate Planning & Probate Attorneys in Dallas-Fort Worth

As we've explored the various strategies and considerations for managing an estate during the hot summer months, it's clear that the challenges are significant—but not insurmountable. If you're in Plano, TX, and find yourself in need of expert legal guidance to navigate the probate process or protect estate assets from the summer heat, Crain & Wooley is here to help. Our experienced estate and probate attorneys are well-versed in the unique demands of managing estates in hot climates. We invite you to contact us at (972) 945-1610 to ensure that your estate is managed efficiently, legally, and with the utmost care for your assets.