Wills and trusts help you decide who will inherit your property and how it will be managed. Probate is the legal process for settling an estate after someone dies. At Leonard Weiner Law, PLLC, we help individuals and families in Houston and throughout Texas prepare estate plans and handle probate responsibilities.
Whether you are planning for your family’s future or settling a loved one’s estate, we explain your options and help you take the next steps. We bring estate planning, tax, and business law together to address your wishes and the financial issues that may affect them.
Why Choose Leonard Weiner Law, PLLC?
Your estate plan should reflect your circumstances and give the people carrying it out clear instructions. Our firm offers:
- Board-certified credentials. Leonard Weiner is board-certified in Estate Planning and Probate Law and Tax Law by the Texas Board of Legal Specialization.
- Accredited Estate Planner®. Leonard Weiner holds the AEP® designation from the National Association of Estate Planners and Councils.
- Customized plans. We account for your family relationships, assets, and wishes.
- Coordinated legal services. We consider tax planning and business succession alongside your estate documents.
- Plain-English explanations. We help you understand your choices and how your documents work.
What Is the Difference Between a Will and a Trust in Texas?
A will directs how property passing through your estate should be distributed and names an executor to handle administration. It generally must be admitted to probate to transfer property under its terms.
A revocable living trust provides instructions for managing assets transferred into it during your lifetime and after your death. Properly funded trust assets can pass to beneficiaries without probate. Signing a trust document alone does not accomplish this; appropriate assets must also be transferred into the trust.
You may benefit from both documents. A pour-over will directs remaining estate assets into your trust, although those assets may still require probate. We help you decide which arrangement fits your needs.
What Happens If You Die Without a Will in Texas?
Without a valid will, Texas intestacy law determines who inherits property that does not pass through a trust or another transfer arrangement. The rules distinguish between community property and separate property.
Your spouse may not inherit everything. Children from an earlier relationship can affect how property is divided, potentially producing a result you would not have chosen. We help you document your wishes instead of leaving these decisions to the statutory inheritance rules.
How Does Probate Work in Texas?
Probate establishes a will’s validity and, when necessary, authorizes an executor or administrator to settle the estate. Administration typically involves identifying property, providing required notices, addressing debts and taxes, and distributing remaining assets.
Texas allows independent administration in qualifying cases. This approach limits ongoing court supervision, but the executor must still meet legal responsibilities. A properly drafted will can provide for independent administration.
If you have been named executor, we help you understand the required filings and what you should address before distributing property. We also review the estate’s documents and assets to determine the appropriate procedure.
Can You Avoid or Simplify Probate in Texas?
Yes. Some assets can pass outside probate through a funded living trust or valid beneficiary designation. Certain estates also qualify for simplified procedures that reduce the need for formal administration.
A muniment of title is a streamlined probate procedure that allows a qualifying will to serve as evidence of ownership without appointing an executor. It remains a court proceeding, and eligibility depends on the estate’s circumstances.
A small estate affidavit may be available when someone dies without a will and qualifying assets do not exceed $75,000, excluding the homestead and exempt property. Additional requirements apply, including rules concerning debts and court approval. We evaluate eligibility before recommending this option.
How Do Taxes and Business Ownership Affect Your Plan?
An estate plan may also raise income, estate, or gift tax questions. If you own a business, succession arrangements and buy-sell agreements can affect how ownership passes.
We consider these issues together so your estate documents support your broader financial goals. We also help you evaluate trusts designed for specific family needs, including support for minor children or beneficiaries with disabilities.
Talk With Us About Your Estate or Probate Needs
You do not need every answer before contacting us. We can review existing documents or explain your responsibilities after a loved one’s death. Contact Leonard Weiner Law, PLLC to request a consultation to discuss your Texas estate planning or probate needs.
Frequently Asked Questions
What should you bring to your consultation?
Bring existing estate documents, a general asset list, and information about your beneficiaries. Business agreements may also help.
When should you review your estate plan?
Review it after marriage, divorce, a birth, a death, or a significant financial change.
Can you review documents prepared in another state?
Yes. We can assess whether your documents need updates for your current circumstances and Texas law.