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PROBATE AND GUARDIANSHIP 2019-06-03T20:42:26+00:00

Probate

When a loved one passes away, administering the estate in probate court can be relatively straightforward or complex, depending on whether there is a valid will, the size of the estate, the types of assets and debts there may be, any issues the beneficiaries may have, whether the will was well drafted, and other issues.

In some cases, Texas inheritance law allows for an independent proceeding with very little court involvement. Or, a dependent proceeding may be required, where the court will oversee each step of the process.
If you have been designated as an executor or personal representative for a Texas estate, it can be extremely helpful to have the advice of an experienced probate and estate lawyer. Attorney Laura Lemus can advise you on the law and help you meet your legal obligations as you settle and distribute the estate.

– Heirship
– Probate of Will
– Estate Administration

Guardianship

There are several reasons a legal guardianship may need to be established to help protect and care for an individual who is unable to care for themselves and/or their finances. A legal guardianship involves having an individual known as the “Proposed Ward” declared incompetent and removing certain rights and appointing a guardian to make personal and/or financial decisions in the Proposed Wards place. Often guardianships are sought by parents when their minor child with severe disabilities reaches the age of eighteen or by the spouse or children of an individual with advanced dementia or Alzheimer’s disease. Sometimes guardianships are sought for individuals with severe mental health issues, including addiction issues.

A guardianship can be avoided with planning or with the use of alternatives to guardianship and supports and services offered in the community. Guardianship can be a restrictive choice because the Court continues to monitor the situation and reports are due annually while the guardianship is in place. However, sometimes a guardianship is unavoidable such as in situations where family members cannot agree, where exploitation or abuse may be occurring without one, and where the disability, disease or injury is so severe that alternatives are not feasible.

Attorney Laura Lemus has met the statutory requirements in Texas to be eligible to represent applicants and take ad litem appointments in Guardianship cases. Laura Lemus also has personal experience, having taken on a supporting role when her family member needed to be placed under a Guardianship due to Alzheimer’s disease. Having struggled through the Guardianship process in her own family Laura understands the important and often times thankless responsibility taken on by Guardians.

If you are considering taking on the role of Guardian of the Person and/or Estate of a loved one, it is important to speak with an attorney who has knowledge of the responsibilities and alternatives, so that all options can be considered. In order to be appointed a guardian, you must be able to prove, with medical evidence, that there is a need and that the proposed guardian is suitable to serve.

Laura at the Lemus Law Firm provides knowledgeable and compassionate representation to people who are considering applying to be the Guardian of a loved one. She can guide you through the entire guardianship process.