Shotzie Cado

Losing a loved one is never easy, and the added stress of navigating legal hurdles can feel overwhelming—especially when there is no will in place. If you find yourself in this situation, you aren’t alone, and you don’t have to figure it out by yourself.

In our latest video, we break down exactly what happens during a Texas probate when a loved one passes away intestate. We walk you through the entire court process, starting with the application to list heirs and the appointment of an attorney ad litem. This third-party attorney conducts a thorough investigation—reviewing everything from birth records to obituaries—to ensure the family tree is accurate and no one is left out.

We also tackle one of the most common points of anxiety: finding “disinterested family fact witnesses”. If the thought of finding witnesses makes you want to shut down, please watch this video. We share how we help our clients brainstorm and find the right people to testify so your case can move forward smoothly.

Whether your family is completely on the same page, allowing for a faster “independent administration,” or you are facing a more complex “dependent administration” with heavy court involvement, we’ve seen it all. Our goal is to help you stand in your loved one’s shoes, manage their assets, and properly distribute what they left behind.

Check out the full video for a step-by-step guide to finding clarity during a difficult time. If you have specific questions about your family’s scenario, we’re always here to help.

 

Video Transcript

0:00 Intro
0:50 Choose Wisely
1:31 Check and Double-Check
2:06 Let Us Handle It
2:39 What Does That Mean?
3:30 Court Is In Session

0:00 Intro

Once we list out the heirs in an application that we file with the court, the court is going to appoint what’s called an attorney ad litem. This is a third-party neutral attorney that serves the court and it’s their job to do an investigation into the heirship and ensure that what we have listed out is correct. The way that they do that is they will pull birth records, death records, marriage records, obituaries, and anything that can help them establish the family tree to, again, ensure that we have not left anybody out. It is common sometimes that you will see someone was left off whether on purpose or on accident, and the court wants to make sure before they sign off on something stating these are the people entitled to inherit from this estate they’ve done their due diligence and have made sure they have the correct parties before the court.

0:50 Choose Wisely

Another thing that the attorney ad litem is going to need is to speak to two disinterested family fact witnesses. This is where I get the biggest pushback on all of my heirship cases. I tell the client, “Please start brainstorming who you would like to use”. I explain who the witnesses can be, what they need to testify to, and it kind of shuts people down sometimes that I don’t know who’s going to come to court for me. This person only knew these three kids, but not this previous marriage. But we will work with you; we are happy to help you brainstorm on who you can use. I have never had a client that couldn’t come up with someone. So, we’re always able to help you find those people that can serve as those witnesses.

1:31 Check and Double-Check

Once the attorney ad litem has been able to speak to your two witnesses, make sure all the heirs are listed correctly, and review all of the documentation, they will file their report with the court that says they either agree with our application or they think we might need to go back to the drawing board because something was off or maybe somebody was left out. Once that report has been filed and everyone seems to be on the same page, that’s when we’re able to request our hearing. So again, anytime you’re dealing with probate, there’s always going to be a hearing. If there’s a will, if there’s not a will, there’s going to be a hearing because the judge needs to sign off on everything.

2:06 Let Us Handle It

So we get the heirship taken care of. The ad litem does their investigation. We get our hearing, the witnesses come with you, everyone gives their testimony, and then the judge will swear in the applicant as the administrator of the estate. Again, if we’ve gotten all of the heirs’ consents, we typically are able to get an independent uncourt-supervised administration. This is always in the judge’s discretion, but typically, so long as all of the family members are in agreement, the judge will allow for an independent administration.

2:39 What Does That Mean?

What that means is that once you go to court and get appointed, there are a couple things that you have to do through the court, such as running a notice to creditors, which we would obviously help you with, as well as preparing an inventory and list of claims for the estate so that all of the heirs have access to know what’s actually in the estate that they’re entitled to a portion of. Again, we can help you draft these documents and get them filed with the court. But if you got that independent administration, after that you are then able to stand in the decedent’s shoes, access the bank accounts, set up a new estate bank account, handle the real property, deed the real property out of the deceased individual’s names and into the heirs’ names so that you can get it listed and sold, and then properly distribute any funds that came in to the heirs that the judge has determined.

3:30 Court Is In Session

If we’re stuck with that dependent administration where you have someone that maybe we couldn’t find to serve and get their consent or you have a family member that’s just not comfortable signing off, we can still get everything done. We just have more court involvement. So if you have a house for instance that you want to sell, we have to actually get court permission to sell the house, permission to list it, permission to sell it, and then once you get the funds in, you have to get court permission to actually distribute the funds. So everything that you do has to be done through the court, which again is still possible. It just makes things a little bit more expensive and time-consuming.

So if we have a family that’s all on the same page, things do move faster and a little bit cheaper. But of course, we know family can be very involved and every family is different. So we have seen it all and we’re happy to walk you through any scenario that you have and answer any questions that you might have about your specific scenario. So, if your loved one did not have a will, we are certainly here to assist you through that process and get you through the courts so that you can handle your loved one’s assets that they left behind. So, if you have any other questions, you can click our links below or call our firm and one of our attorneys would be happy to speak with you. And we appreciate you watching our video.

 

Navigating legal disputes within a family can be an incredibly stressful and emotional journey. Whether you are dealing with guardianship matters or contested estates, the path forward often feels uncertain. In our latest video, we explore how professional mediation can offer a more collaborative way to resolve these sensitive issues.

Lynne shares insights from a distinguished career that includes six years of experience on the bench. This unique background as both a former judge and a current practitioner provides a rare perspective on how the court truly views litigation. By understanding what typically happens in cases similar to yours, you can gain the clarity needed to make informed decisions for your family’s future.

We invite you to watch the full video to learn why resolving matters short of the courthouse is often the most effective choice. Discover how a deep understanding of the needs of parties, attorneys, and the court can help guide you toward a peaceful resolution.

 

 

Video Transcript

0:00 Intro
0:38 Real Courtroom Experience

0:00 Intro

In addition to my experience as a current practitioner representing parties in guardianship and also representing parties in contested estates, my experience on the bench has been very helpful as a mediator. I think that parties, in particular, like to hear from my perspective as to what I saw during my six years on the bench as far as what happened in cases similar to theirs. 

0:38 Real Courtroom Experience

So, I think that that has been very helpful. I really do feel that I have a unique understanding of where not only the parties, but the attorneys and the court, are coming from when they may eventually make the ultimate decision to resolve the litigation. I think that I can use my experience to advise the parties that they strongly need to consider resolving the matter short of going to the courthouse.

Ever wonder what a mediator does to prepare for your session before you even walk through the door? Understanding this “behind-the-scenes” process can help you feel more confident and prepared for the road ahead.

In our latest video, we explore the essential steps taken to ensure every mediation is handled with care and detail. The preparation process includes:

• Confidential Pre-mediation Statements: Attorneys are asked to provide a brief overview of the case status and their client’s position. These are for the mediator’s eyes only.
• Case Review: The mediator reviews these statements and reaches out to attorneys in advance if questions arise.
• Independent Research: For litigated cases, the mediator reviews court clerk records and pleadings to understand exactly what has been filed.

By doing this groundwork, the mediator ensures that the actual session is focused and productive. Watch the video above to see how this thorough preparation sets the stage for a successful resolution.

 

 

Video Transcript

0:00 Intro
0:38 Preparation Is Key
0:13 What Is A Pre-Mediation Statement?

0:00 Intro

As the mediator, I do request the attorneys representing the respective parties to provide me with a confidential pre-mediation statement. 

0:13 What Is A Pre-Mediation Statement?

I leave the format and the length of that up to them, but I want them to give me a brief written overview of the status of the case and their client’s position. 

0:38 Preparation Is Key

I read those prior to the mediation. If I have any questions, I can then contact the attorney in advance. The other thing that I do if a case is litigated is I go ahead and look online at the court clerk’s records so that I can review the pleadings for myself and see what has been filed in the case. So those are really the pre-mediation statement, which is confidential only for my eyes, and also a review of the documents that are on file. And if there are any other items that the attorneys wish for me to review in advance, I’m happy to do that as well.

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.