Contingency Probate Attorney Near Me In Bexar

State:
Multi-State
County:
Bexar
Control #:
US-00442BG
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Word; 
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Description

There are various types of attorney fee arrangements such as time based, fixed, or contingent. Time based means a fee that is determined by the amount of time involved, such as so much per hour, day or week. Fixed means a fee that is based on an agreed amount, regardless of the time or effort involved or the result obtained. Contingent means a certain agreed percentage or amount that is payable only upon attaining a recovery, regardless of the time or effort involved.


With a contingent fee arrangement, the lawyer receives no fee unless money is recovered for the client. Upon recovery, the lawyer is paid an agreed-upon percentage, usually ranging from an amount equal to 25 to 50 percent of the amount recovered. A written fee agreement should specify the costs and expenses to be deducted and whether such costs and expenses are to be deducted before or after the contingent fee is calculated. Contingent fee agreements are generally not permitted for criminal cases or domestic relations matters.


Even if there is no recovery, however, the client is still responsible for court costs (filing fees, subpoena fees, etc.) and related expenses, such as telephone charges, investigators' fees, medical reports, and other costs.


This form is a fairly typical contingent fee agreement

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  • Preview Contingency Fee Agreement with an Attorney or Law Firm
  • Preview Contingency Fee Agreement with an Attorney or Law Firm

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FAQ

Probate Without an Attorney: The Muniment of Title Exception It is generally appropriate only in the simplest of small estates; for example, when the only property of an estate is a house that needs to be transferred to the sole beneficiary named in the will.

Probating an estate in Texas can be a complex process, especially when there is no will or a poorly drafted will. It is hard enough to work through the grieving process without the added need to organize your loved one's affairs, but most of the time, it is a necessary evil indeed.

Do I need an attorney? This will depend on the probate method and on the court's policy. Estate administration requires an attorney. This is because the estate representative represents the interests of many parties.

Generally, only an attorney licensed in the State of Texas may represent a third person or entity in a judicial proceeding in the State of Texas. In most probate or guardianship cases, an individual is not truly representing himself or herself.

Texas offers a simplified version of probate called a muniment of title. When this process is used, no executor is appointed, which allows you to file a muniment of title without an attorney. However, specific information needs to be provided when applying for the probate of a will as a muniment of title.

In Texas, if an estate's value exceeds $75,000, it generally must go through probate because the law aims to ensure that significant assets are appropriately managed and distributed under court supervision. The reason an estate over $75,000 must go through probate is to protect the rights of heirs and creditors.

A Will does not convey title, possession, or property interest until admitted to probate. In Texas, a Will must generally be admitted to probate within 4 years of the decedent's death.

Understanding the Consequences of Not Probating a Will If you are unable to do so then you may as well have not even served as such. With that said, if you do not go through the probate process then the deceased person's assets will not legally be transferred over to the heirs or beneficiaries.

Ordinarily, an application to probate a will must be filed within four (4) years of the date of death of the decedent. Also, under normal circumstances, letters testamentary or letters of administration cannot be authorized more than four (4) years after the date of death of the decedent.

An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.

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Contingency Probate Attorney Near Me In Bexar