Contingency Probate Attorney Near Me In Harris

State:
Multi-State
County:
Harris
Control #:
US-00442BG
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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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FAQ

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.

The disadvantages of probating a will are many. The probate process is expensive, time consuming, and intrusive. Court costs, attorney fees, personal representative fees, bonds, and accounting fees all add up.

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.

Independent Administration Application for Probate of Will and Issuance of Letters Testamentary. Form 7-2. Application for Probate of Copy of Will and Issuance of Letters Testamentary. Form 7-3. Application for Probate of Will and Issuance of Letters of Independent Administration. Form 7-4.

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.

Can you probate a will in Texas without a lawyer? Yes, but it's not always recommended — and some Texas counties don't allow a will to be probated without a lawyer. If you plan to apply for a probate alternative (like a muniment of title or an out-of-court affidavit), you don't need to hire an estate attorney.

For smaller, uncontested estates, the probate process in Texas can typically be completed within six months to a year. Texas offers an independent administration option, which allows executors to handle much of the process without ongoing court supervision.

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.

Probate Administration: Probate attorneys help executors and administrators navigate the Texas probate process. This involves preparing and filing court documents, managing the inventory of assets, addressing creditor claims, and ultimately distributing assets to beneficiaries ing to the will or state laws.

As with other states, probate timelines in Texas can vary, but the process often lasts between six months to a year. Simpler cases may qualify for an independent administration, which requires minimal court oversight, making probate more efficient.

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Contingency Probate Attorney Near Me In Harris