Shotzie Cado

What Happens If Someone Dies Without a Will in Texas? (Step-by-Step)

Losing a loved one is incredibly difficult, and finding out they passed away without a will can add a layer of overwhelming stress to an already emotional time. You might be wondering how you can access their bank accounts to pay bills or manage the sale of their home. If you are in this situation in Texas, we want you to know that while there is more work involved, there is still a clear path forward.

In our latest video, we break down the process of estate administration with an heirship determination. This is the legal requirement in Texas to distribute or sell property when no will exists. We believe in setting realistic expectations, so we discuss the typical timelines you can expect—which usually range from 3 to 10 months—and how the efficiency of your specific county can play a role.

We also explain the critical difference between independent and dependent administration. While independent administration is the “best-case scenario” because it saves time and money, it requires the written consent of every single legal heir. Whether the heirs include a surviving spouse, biological children from any marriage, or adopted children, everyone must be on the same page.

Watch the video to learn more about how to navigate these requirements and why being forthcoming about family history is essential for a smooth court process. We are here to help guide your family through every step.

 

 

Video Transcript

0:00 Intro
0:30 If There’s Not A Will, There’s Still A Way!
1:01 What Is A ‘Letter of Administration?’
1:18 Not A Quick Process
1:35 Types of Administration
2:30 Understanding The Breakdown

0:00 Intro

One thing that we get a lot here at the firm is people who call and say that they’re trying to get to their mom or dad’s bank account after they have passed away to take care of creditors or to continue paying on the mortgage of a house and their loved one did not have a will and they need to know what they need to do to access that bank account or to sell a house. So, if your loved one had a home that they left behind and they did not have a will, what you’ll need to do is what we call an estate administration with an heirship.

0:30 If There’s Not A Will, There’s Still A Way!

So, if there’s not a will, there’s still a way. It’s just going to take a little extra work and quite a bit of extra time, unfortunately, especially depending on what county you’re going to land in and how large that county is. So, here in Tarrant County, where we have the bulk of our cases, the courts are pretty efficient and move the cases along faster. But, I always tell people when there’s not a will, it’s very important to set realistic expectations up front. And I tell people that the timeline can really range anywhere from like 3 to 10 months depending on several factors.

1:01 What Is A ‘Letter of Administration?’

So people will call and say the bank said I need a letter of administration. You know what is that and how quickly can I get it? Again 3 months would be an amazing scenario to get a letter of administration. But typically I tell people we’ll probably be looking more like five or 6 months to get that issued from the court.

1:18 Not A Quick Process

So the process to get those letters of administration is first thing that we have to file is an heirship determination. And that’s because here in Texas when you don’t have a will, the only way to be able to distribute or sell the property of your loved one is to have an administration coupled with an heirship.

1:35 Types of Administration

So there’s two types of administration that you can get here in Texas if your loved one did not have a will. The first one is an independent administration. The second type is a dependent administration. I always say if we can stay away from a dependent administration that is going to be the best case scenario because that independent administration requires less court supervision which means less court costs, less attorney’s fees, and less time for you to get things done.

However, the only way to get an independent administration—and I mean the only way—is if all of the heirs of the estate consent to that independent administration. So, if you have five children of the person that passed away and there’s just, you know, that one black sheep that doesn’t want to consent to your independent administration, unfortunately, one bad apple can spoil the bunch in this case. And the court will not grant that independent unsupervised administration unless you have written consent from everybody.

2:30 Understanding The Breakdown

So, our firm is certainly here to help you try to get those consents and explain to the family members what the process we’re going through is, but it’s just not always going to be attainable in every situation. So, if we get the independent administration, the court’s going to want to see that determination of heirship so that we can actually prove who the heirs of the estate are.

So, if your loved one was married, the spouse is going to be included. If there were children, the children are going to be included. And even adopted children are included. So, it’s always important to make sure you’re forthcoming with your attorney when they’re asking you these questions, sending you the questionnaire that we send out. It’s important to make sure you’re listing all of the children of the decedent, whether they’re from the current marriage, from a prior marriage, if they were born outside of a marriage, if they were adopted, even if they’ve passed away. So, it’s important to make sure you’re providing all the information so that we can then give that information to the court.

What Happens If Someone Dies Without a Will in Texas? (Step-by-Step) Read More »

What Types of Cases Go to Mediation? (Probate and Guardianship Cases Explained)

Navigating legal disputes within a family can be an incredibly stressful experience, but mediation offers a path toward resolution outside of a heated courtroom battle. In our latest video, we dive into the specific types of cases that are most frequently handled through mediation to help you understand your options.

The discussion focuses on two primary areas:

  • Probate and Estate Litigation: This includes cases that have already been filed in court, as well as pre-litigation disputes that families hope to settle early.
  • Guardianship: While certain issues in guardianship are open to mediation, it is important to remember that legal incapacity must always be decided by a court. Furthermore, any settlement agreement reached during mediation must receive final approval from the court.

Whether you are currently facing a legal challenge or simply want to be prepared for the future, this video provides essential insights into how mediation can work for you. Click the link above to watch the full explanation and learn more about navigating these complex legal waters with confidence.

 

 

Video Transcript

So currently, there are two types of cases that I most frequently mediate. The first type is probate or estate litigation. And sometimes that’s—usually, it’s where a case has already been filed, but occasionally, it is pre-litigation. The other type of case is guardianship, and there are certain issues in guardianships that are subject to being mediated. However, incapacity has to be decided by the court, and also the court must approve any mediated settlement agreement in a guardianship.

What Types of Cases Go to Mediation? (Probate and Guardianship Cases Explained) Read More »

How Mediators Are Chosen (Attorney Referrals vs Court Appointments)

 

Ever wonder how a mediator actually ends up on a case? It is a question many people have when they first step into the world of litigation. In this video, we pull back the curtain on how these selections are made, revealing a process that is more balanced than you might think.

About half of the time, attorneys involved in litigation voluntarily reach out directly. They look for a mediator who is well-suited to the specific facts of a case or someone who can truly relate to their clients’ needs. It is all about finding the right fit for a personal connection.

The other half of the time, the legal system itself steps in. Several courts across North Texas maintain official mediator lists and will appoint the speaker to serve in specific cases. Whether through a personal recommendation or a formal court appointment, the goal remains the same: helping parties navigate their disputes effectively. Watch the video to learn more about how these professional paths cross!

 

 

Video Transcript

About half the time, I would say attorneys approach me. The attorneys involved in litigation are voluntary participants in mediation, and they ask me because they feel like I would be well-suited to the facts of their particular case or to relate to their particular clients. The other half of the time, several of the courts in North Texas have me on their mediators list, and they actually appoint me as mediator to serve in certain cases.

How Mediators Are Chosen (Attorney Referrals vs Court Appointments) Read More »

Mediation Experience Matters: A Texas Mediator’s Background

 

Are you looking for a mediator who truly understands the nuances of conflict resolution? In our latest video, one of our experienced professionals shares their journey from the classrooms of Pepperdine University School of Law to the courtrooms of North Texas.

Experience matters when it comes to resolving complex disputes. Having the background and experience as a civil litigator, a law firm owner, and an associate judge in probate court helped shape my mediation skills and knowledge. Since joining the Blum firm, I’ve successfully mediated numerous cases each month, specializing in everything from employment disputes to probate matters.

We are proud to share that most cases mediated here reach a successful resolution. Tune in now to see why this level of expertise is exactly what you need in your corner.

 

 

Video Transcript

I attended Pepperdine University School of Law from 1986 to 1989. Pepperdine was one of the first law schools to really emphasize alternative dispute resolution, and part of that was mediation. So I actually had some formal training in law school regarding mediation.

Then, throughout my experience as a civil litigator since the early to mid-90s, I was involved in mediation, frequently attending mediations all over North Texas. I started mediating cases back when I had my own law firm, before I became an associate judge in probate court. At that time, I mediated employment disputes.

But since joining the Blum firm, I have been mediating several times a month. I’m happy to say that most of the cases I’ve mediated have been resolved at mediation.

Mediation Experience Matters: A Texas Mediator’s Background Read More »

What Do You Enjoy About Mediation Cases

Ever wonder what actually happens behind the closed doors of a mediation session? In our latest video, we share why we find mediating cases so incredibly rewarding. It isn’t just about the legalities; it’s about the people.

Mediation provides a unique space for parties to experience a sense of catharsis. It is an opportunity for individuals to share their stories, explain how they arrived at their current situation, and voice their true desires. By utilizing years of experience and a diverse skill set, we can help guide these conversations toward a resolution.

What makes this process truly special is the focus on creative problem-solving. Often, the best solutions are the ones the parties hadn’t even considered—resolutions that everyone can live with. Ultimately, the goal is to resolve litigation in a way that feels fair and final for all involved.

Watch the video now to hear more about the personal and professional passion behind resolving disputes through mediation!

 

Video Transcript

So, I really enjoy mediating cases because it gives me an opportunity to kind of use all of my experience and my skill sets. I enjoy giving parties an opportunity to have a bit of catharsis and tell me, you know, how they got in this situation, what their desires are. But I also like to help parties to try to come up with creative solutions, maybe that they hadn’t thought about that might be a way that everyone could live with a particular resolution of a matter so that we can report to the court that litigation has been resolved.

What Do You Enjoy About Mediation Cases Read More »

What is Mediation?

Are you currently facing a legal challenge and feeling a bit overwhelmed by the prospect of a long, drawn-out court battle? You aren’t alone. Many people find the litigation process daunting, but there is an effective alternative that Texas courts highly favor: mediation.

In this video, we break down exactly what mediation is and why it’s often the most successful path toward resolving litigated matters. Think of mediation not as a confrontation, but as a guided settlement conference. It’s a dedicated time for you and your attorney to sit down with a neutral third party—the mediator—to explore solutions outside of a courtroom setting.

The beauty of mediation lies in its flexibility and communication. A mediator, who is typically an experienced attorney themselves, acts as a bridge between parties. They facilitate back-and-forth communication, ask the right questions, and help convey vital information that might get lost in the heat of a legal dispute.

The ultimate goal? Finding a creative solution that everyone can live with. While it doesn’t work every single time, it is successful very often. When a resolution is reached, the process concludes with a signed settlement agreement, providing everyone with a clear path forward.

If you’re looking for a way to resolve your legal issues with more control and less stress, this video is a must-watch. Discover how mediation can help you move past the conflict and reach a resolution that works for you. Click the link above to watch now!

 

 

Video Transcript

0:00 Intro
0:34 Mediators Help Communicate

0:00 Intro

So, mediation is actually a guided settlement conference. 

Mediations are highly favored by Texas courts because mediations are very successful, not always, but very often, in resolving litigated matters. It’s a chance for the parties, with their attorneys, to sit down and spend several hours with a mediator who is usually also an attorney. 

0:34 Mediators Help Communicate

The mediator can perform the role of being the communicator back and forth between the parties and ask questions, convey information, and try to see if some type of creative solution that all parties can live with cannot be reached. And if a solution is reached, typically a mediated settlement agreement is signed at the end of the proceeding.

What is Mediation? Read More »