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The Nordhaus Firm
http://www.collincountyattorney.com
Phone: 214-726-1450
5900 S. Lake Forest Drive Suite 415
McKinney, TX 75070

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Whether a person dies with or without an estate plan, there is a real possibility that at least some of his or her assets will be subject to the process known as "probate." Probate is a court-supervised process for distributing a deceased individual's property to his or her heirs. In Texas, there are a number of different forms of probate. Although the process can be stressful and time consuming, in some cases, it can also be fairly straightforward. Either way, consulting with McKinney probate lawyers is the best way to avoid a legal headache.

At Nordhaus & Nordhaus, PC, we have extensive experience representing personal representatives, heirs, beneficiaries and other interested parties in all aspects of probate administration in McKinney, TX. If you are preparing to go through probate, or if you have run into issues along the way, we can help you stand up for your loved one's final wishes and enforce your legal rights.

Attorneys for Probate Administration in McKinney, TX

We represent all interested parties in probate administration. This includes:

Personal representatives

Beneficiaries

Heirs

Creditors

The decedent's personal representative is responsible for managing the probate administration process, including paying off debts and distributing the decedent's assets to his or her beneficiaries (if there is a will) and heirs (if there is no will or the will does not address certain assets). Creditors are third-parties, such as lenders and credit card companies that may also get involved in probate to make sure they get paid out of the decedent's estate.

Depending on whether the decedent left a will, as well as the size of his or her estate, there are a number of probate options that may be available. Most probate proceedings in Texas use what is known as "independent administration." Independent administration allows the personal representative to perform his or her duties without seeking court approval, which speeds up the process and reduces the costs involved. Learn more about independent administration and the other types of probate in Texas.

Experienced Representation for Probate Litigation

In addition to representing interested parties in probate administration, our attorneys also regularly represent clients in probate litigation. With all that is at stake, it is not unusual for individuals to run into problems during the probate process. From questions about the content of a will, to disputes regarding a personal representative's performance of his or her obligations, there are a number of issues that commonly lead to contentious disputes. We have extensive experience in cases involving will contests, breaches of fiduciary duty and a wide variety of other issues arising during probate administration.

In probate litigation, we focus on finding efficient, cost-effective and amicable resolutions to our clients' problems. We are sensitive to the fact that you are going through a challenging time and if your dispute involves close family members or relatives, we understand how important it is not to let one disagreement lead to a lifetime of ill will. If you are facing a probate-related dispute, we encourage you to contact one of our McKinney probate lawyers to learn more about what we can do to help.

Speak with the McKinney Probate Lawyers at Nordhaus & Nordhaus, PC Today

At Nordhaus & Nordhaus, PC, we offer free consultations and we will speak with you in strict confidence about your legal needs. If you would like to discuss your needs with an attorney at our offices in McKinney, call (214) 726-1450 or send us a message online today.
Disclaimer: While our primary office is located in McKinney, Texas, Nordhaus & Nordhaus provides legal representation to residents in the Allen, Frisco, Prosper, and entire Collin County area.

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McKinney Probate Lawyers | Nordhaus & Nordhaus, PC

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Whether a person dies with or without an estate plan, there is a real possibility that at least some of his or her assets will be subject to the process known as "probate." Probate is a court-supervised process for distributing a deceased individual's property to his or her heirs.

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New Florida Laws Improve Trust Planning and Administration

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New Florida Laws Improve Trust Planning and Administration

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Two new Florida statutes passed in the summer of 2021 make the Sunshine State a more attractive option for estate planning and asset protection. As these laws will greatly expand the state's directed trust laws, it is recommended to consult with a Florida trust attorney to find out how the changes may affect your current trust, or any future trust you may decide to create to pass on your assets.

The Florida Uniform Directed Trust Act (FUDTA)

A directed trust is one in which a third party (known as a trust protector or director) is designated to provide direction to the trustee in administration matters. While Florida previously allowed directed trusts, the FUDTA follows other states in codifying and expanding the director's duties and liabilities.

As directed trusts have become more common in Florida, there was a need for a clear mechanism that allowed a trustee to delegate responsibility for the administration of the trust. The statute went into effect in January 2022, and some of the most important changes it made to Florida laws include:

Defining the Role of the Trust Director. Previously, trust directors were considered co-trustees under Florida law. While the duties and limitations can still be explicitly stipulated within the trust, the law more clearly defines the legal and fiduciary duties of the trust director and trustees. This has the potential to reduce trustee fees and to allow non-trustees to take a more active role in managing the trust without subjecting themselves to liability.

Reducing the Liability of Trustees. The law limits the liability trustees can face when they are acting in accordance with the trust director's directives. The law also puts the trust director under the jurisdiction of the Florida court system, and imposes a statute of limitations for actions against trust directors.

The Community Property Trust Act (CPTA)

In community property states, such as California, Nevada and Texas, each spouse is considered to own a portion of any of the assets acquired during the marriage. While Florida is not one of these states, the CPTA will allow married couples to create community property trusts. The law will apply to both revocable and irrevocable trusts, and will allow couples to elect to treat their assets as community property for tax benefits. These types of trusts are especially recommended for couples who have moved to Florida from community property states.

The requirements for setting up a community trust under the new law include:

Express Declaration. The trust must explicitly state that it is a community property trust.

Appointed Trustee. A party that is qualified to serve as a trustee in the state of Florida must be appointed. In general, this means an individual that resides in the state, or a company that has been authorized by the state to serve as a trustee.

Proper Execution. The trust must be properly executed and signed in accordance with Florida law.

Include a Statutory Warning. At the beginning of the trust, there must be conspicuous language that warns each spouse of the legal implications of signing the agreement. The wording should closely mirror the language used in the CPTA and advise each party to individually seek competent legal advice.

Is it Time to Make Amendments to Your Trust?

It is important to think carefully before amending your current trust to take advantage of the new statutes, and to weigh the pros and cons. For instance, it may not be ideal to transfer assets to a community property trust in a marriage that is unstable. A Florida estate planning attorney will be able to assess your situation and advise what, if any, amendments would be in the best interests of both parties.

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New Florida Laws Improve Trust Planning and Administration

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Two new Florida statutes passed in the summer of 2021 make the Sunshine State a more attractive option for estate planning and asset protection. As these laws will greatly expand the state's directed trust laws, it is recommended to consult with a Florida trust attorney to find out how the changes may affect your current trust, or any future trust you may decide to create to pass on your assets.

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Since we can't take our belongings, real estate holdings, or other worldly interests with us when we die, estate planning is an essential way to ensure that everything is divided and dispersed according to your wishes. In Texas, as in other states, one's estate is inherited by friends, relatives, or other beneficiaries according to the details in the written will. In the absence of a will, state probate court decides how an estate is handled. Click on a link below to learn more about Texas estate planning laws, including estate taxes; living wills; the probate process in Texas courts, and durable powers of attorney.

Learn About Texas Estate Planning Laws

Texas Estate Planning Law Articles

You Don't Have To Solve This on Your Own - Get a Lawyer's Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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In Texas, as in other states, one's estate is inherited by friends, relatives, or other beneficiaries according to the details in the written will. In the absence of a will, state probate court decides how an estate is handled.

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Is a Special Needs Trust Right For Your Family?

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Is a Special Needs Trust Right For Your Family?

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If you have a child or grandchild with disabilities, naturally you want to ensure that they will be financially taken care of after you pass on. However, receiving an inheritance may reduce the amount of government assistance they may qualify for, or may disqualify them altogether. One of the ways to prevent this from happening is to set up a special needs trust for the individual.

What Is a Special Needs Trust?

A special needs trust, also known as a supplemental needs trust, is an estate planning tool that sets aside money for a disabled heir that is excluded from being counted as income when determining eligibility for government benefits, such as Medicaid and Social Security. It also provides a better quality of life beyond what they are able to receive from those benefits, such as more specialized medical care, education, and travel expenses to stay in touch with loved ones.

Types of Special Needs Trusts

There are two main types of special needs trust. They function essentially the same way; the difference between them depends on whose assets are funding the trust. However, be aware that any remaining assets in a first-party special needs trust at the time of the beneficiary's death must be paid back to the state to compensate for the benefits they received. Third-party trusts do not have this requirement.

First-Party Special Needs Trusts

First-party special needs trusts are established with assets that belong to the beneficiary and are often used when they have received an inheritance or court settlement. They are also useful when somebody with established assets becomes disabled, in order to help them qualify for public benefits. These types of trusts can be created by the beneficiary themselves, or by parents, legal guardians, or the courts. First-party trusts are irrevocable, meaning the terms cannot be altered and the assets can only be used to benefit the beneficiary.

Third-Party Special Needs Trusts

Third-party special needs trusts are established by someone other than the beneficiary, often by a parent, grandparent, or another family member. They can be incorporated into that individual's estate plan, and the beneficiary will receive the assets at the time of that family member's death. They can also be created independently and funded from multiple sources. Depending on how much flexibility you want for changing the terms, these trusts can be set up to be revokable or irrevocable.

ABLE Accounts: An Alternative to Special Needs Trusts

While special needs trusts are great asset protection tools, they are not the only options when it comes to ensuring your disabled family member will be cared for. ABLE (Achieving a Better Life Experience) accounts are savings accounts with tax advantages. The assets in the account are available to the beneficiary but are not counted as a resource when it comes to qualifying for benefits or paying taxes.

These accounts are exclusively for people who become disabled before the age of 26, and are easier and less expensive to set up than special needs trusts. In addition, there are fewer limitations on how the assets can be used. However, there is a limit to how much can be contributed to the account per year. In 2022, this limit was increased to $16,000.

Deciding Whether a Special Needs Trust Is Right For Your Family

There are advantages and disadvantages to special needs trusts and ABLE accounts, and there are many factors to consider to determine which type would be most beneficial for your family situation. Be aware that it is possible to simultaneously set up both an ABLE account and a special needs trust, so that your disabled family member will be protected now as well as after your death. Before making any decisions, however, it is wise to consult with an estate planning attorney to go over all of your options.

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Is a Special Needs Trust Right For Your Family?

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If you have a child or grandchild with disabilities, naturally you want to ensure that they will be financially taken care of after you pass on. However, receiving an inheritance may reduce the amount of government assistance they may qualify for, or may disqualify them altogether.

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Can I Contest a Will if I Was Left Out of It?

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Can I Contest a Will if I Was Left Out of It?

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Can I Contest a Will if I Was Left Out of It?

When a loved one promises to take care of you in their will and the contents of the will leave you disappointed, you may wonder if there’s anything you can do about it. You can’t “sue” a will, of course, but you can challenge it in court. The process is often referred to as contesting the will.

Please note that you can’t contest a will just because it’s different than you expected. You must have legal standing. You need the right legal grounds for a challenge, and you need to file your claim within the time allotted under the Texas statute of limitations. A McKinney estate lawyer can help you determine whether you are in the right position to contest a will.

Who Has Legal Standing to Challenge a Will?

Having legal standing means you are someone in the right position to take legal action. People with the standing to challenge a will, known as “interested parties,” include anyone who is named as a beneficiary in the will. But people who are not mentioned in the will may also be interested parties.

Essentially, anyone with a financial interest in the impact of the will can be an interested person. If you would have inherited under the laws of intestate succession–in other words, if you would have inherited property if there had been no will—you are an interested party. If the deceased person or their estate owes you money and the terms of the will prevent the estate from paying valid debts, you would be an interested party.

Reasons You Can Challenge a Will in Texas

Unfairness may be the most common reason people object to a will, but that is not legal grounds to challenge a will in court. You can only contest a will on the basis of legal flaws. These include:

The will was not properly executed

The deceased person did not have the legal capacity to create the will

Someone exerted undue influence on the deceased person

The will is fraudulent or forged

A McKinney estate lawyer knows these can be tough challenges to make. To prove a will was not properly executed, you need to show that it was not written or never signed. To contest a will on the grounds that the deceased person lacked capacity, you had to prove that there was not a lucid moment when the deceased person understood generally what they owned and what they were signing.

It can be easier to succeed with a challenge based on the allegation that someone applied undue pressure while the person who created the will was in a vulnerable position, and that caused them to put in provisions that they would not otherwise.

A McKinney Estate Lawyer Can Help You Contest a Will

The bottom line is that if you are a close family member or you are owed money, you could be in a position to challenge the terms of a will even if you are not specifically mentioned in it. A McKinney estate lawyer handles all aspects of probate and estate administration, including leading or defending against challenges to wills. If you think a will may be legally invalid and you want to consider legal action, contact The Nordhaus Firm for a confidential consultation to learn more about the ways we could assist.

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Can I Contest a Will if I Was Left Out of It? - The Nordhaus Firm

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You may be able to contest a will even if you were not named in the will, but a McKinney estate lawyer explains you need to have the right grounds and interest.