Navigating probate, trust, and guardianship matters can be challenging without the guidance of experienced and compassionate attorneys who understand the law's intricacies and complexities. At Crain Caton & James, our attorneys provide comprehensive assistance with probate, trust, estate administration, and settlement. We offer approachable solutions to the protection of assets in sensitive matters. We know that these types of issues often involve those closest to you, and we will help you navigate delicate situations where you may find yourself dealing with loved ones with differing opinions and disputes.
Probate Matters
Probate matters in Texas involve a court-supervised legal process of administering a deceased person's estate. This can include resolving debts and distributing assets to heirs or beneficiaries while complying with the Estate Codes. Various problems can often arise in will probation and managing all the details involved, especially when it involves complex and high-net-worth individuals.
We consistently represent executors, administrators, decedents, beneficiaries, heirs, devisees, and trustees in all aspects of the probate process, estate and trust administration, including:
- Managing the settlement of estates and trusts, including preparing death tax returns
- Protecting beneficiaries' and heirs' interests in estates and trusts.
- Assisting creditors in the prosecution of claims and enforcing claims.
- Defense of estates in enforcing claims against creditors who have overstepped their rights.
- Defending against contesting parties when a will is challenged, including executor actions or improper asset distribution.
Guardianship Matters
Guardianship in Texas is a court-supervised legal process designed to protect an individual called a ward. A ward is someone who cannot manage one or more aspects of their own affairs, such as finances, medical, or personal matters. Guardianship applications need complete documentation, timely submission, and adherence to the Texas Estates Code. Constant monitoring is essential to safeguarding the ward's rights and well-being.
Errors in filings or failure to notify any of the parties involved can easily derail the process and the guardianship process can quickly become very complex. Our attorneys at Crain Caton & James have the experience you need to achieve the desired results.
Disputes about incapacity, choosing a suitable guardian, or considering less restrictive options usually require the help of knowledgeable lawyers to reach favorable results.
Our extensive experience with guardianship and frequent court appearances will benefit you and your case.
We support clients in many ways, such as drafting all the powers of attorney and necessary documents. We can help you make agreements and support decisions for representing individuals, guardians, and more. We support full estate administration and deal with ad litem attorneys and the courts. We are exceptionally skilled in assisting with the opening and closing of guardianships for both minors and incapacitated adults.
We will help you through the complex process of establishing a guardianship in Texas, including:
- Guardianship of the Person – Manages the ward's daily care, medical decisions, and living arrangements.
- Guardianship of the Estate – Controls the ward's financial affairs, including property, bills, and investments.
- Temporary Guardianship – Short-term appointment (up to 60 days) for emergencies requiring immediate intervention.
- Full vs. Limited Guardianship – Courts may restrict guardianship to specific areas where the ward lacks capacity.
In addition to establishing guardianship, we have extensive experience in many areas of the guardianship process, including:
- Filing the application, including all preparatory work such as gathering medical evidence of incapacity
- Managing all the required notifications and investigations
- Pursuing and contesting guardianship appointments
- Guardianship hearings including drafting all the necessary documents and petitions
- Representing court-appointed guardians throughout the guardianship process, including preparing inventories and accountings
- Managing all post-appointment responsibilities such as reports and court correspondence
- Serving regularly through court appointments to serve in roles such as:
- Temporary guardian
- Temporary administrator
- Attorney ad litem
- Guardian ad litem
- Mediator and mediation hosting
Our team of attorneys has worked diligently to build a strong and dependable reputation that is acknowledged and relied upon by the courts.
This good reputation means that our lawyers are often chosen for essential roles. They can serve as temporary guardians, administrators, and mediators in legal cases. The rate at which our lawyers are assigned to key roles shows the trust that various legal systems have in our expertise and ethical values. It demonstrates our continuous commitment to performing these essential tasks with maximum effectiveness and attention.
Our commitment is to provide you with comprehensive guidance throughout each process stage. We approach every aspect with high professionalism and sincere care for your needs. Our aim is to always protect your interests while efficiently addressing any legal issues that may come up. Our services include preparing and filing federal and state estate tax returns, addressing guardianship matters, and handling related litigation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
