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.
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.
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 happens when a loved one passes—and all you can find is a copy of their will?
At The Blum Firm, this is one of the most common (and stressful) questions we hear: “Is a photocopy enough?” The truth is, while having the original will makes things easier, a copy doesn’t mean you’re out of options—it just means you’ll need to take a few extra steps.
In this video, we walk you through what it takes to probate a copy of a will in Texas, including how to notify potential heirs, address the legal presumption that the original was revoked, and explain to the court why the original may be missing.
From misplaced documents to memory-related conditions like dementia, we’ve seen it all—and we’re here to guide you through this more complex probate path with clarity and confidence.
🖨️ Have a copy instead of the original? Don’t panic—we’ve got you covered.
Watch now to learn what to do next.
Learn More
Video Transcript
0:00 Intro
0:10 I Only Have A Photocopy
0:37 List All Heirs
2:24 In Summary For Probating
0:00 Intro
If you watched our other video that talks about how to probate an estate when you have an original last will and testament, it might prompt the question of what happens if all you have is a photo copy.
0:10 I Only Have A Photocopy
This is a question that we get all the time here at the firm. People are panicking. They call, their loved one passed away, but they cannot find the original document or they bring in what they thought was the original document and it actually turns out to be a photo copy of the document. So, this is not the best case scenario, but we have lots of experience handling estates where all the family can find is a photo copy, and it just requires a few extra steps.
0:37 List All Heirs
So, in our video where we discussed probating an original will, all of those steps still apply, but when you have a copy, you actually have to list out the heirs of the estate in your application. Frequently, in a will, it does not provide for all of the heirs. Say for example, there is a surviving spouse. Typically, you will see a will that leaves everything to the surviving spouse, even if there are children from that marriage. If you’re probating a copy, you still list that the sole beneficiary is the surviving spouse, but you also have to list who would take if there was no will.
So, in Texas with that scenario, you would be looking at the surviving spouse as well as the children. So, we would have to actually serve the children notice of us attempting to probate the copy of the will, even if they’re not going to be taking from the estate. The reason for that is because if for some reason the court decides not to admit the copy of the will, the heirs would then step in place and take from the estate.
Another big issue with a copy of a will is in Texas there’s an automatic presumption that the will was revoked by the testator and that’s why you can’t find the original document. So we have to actually plead to the court in our application why the family can’t find the original will. Sometimes your loved one may have been suffering from Alzheimer’s or dementia and they may have been swirling away documents when they passed or even accidentally thrown the document away thinking that it was the copy or just clearing out things not even realizing that their will was in that stack of papers. So, we have to tell the court why the family can’t find the original and prove to them that we do believe this was the most current version of your loved one’s will and they did not make a new one.
2:24 In Summary For Probating
So, in summary, probating a copy of a will does require a few extra steps, but here at the Blum Firm, we have handled this numerous times and are prepared to help you probate that copy of your loved one’s will, and we’d be happy to answer any questions that you might have regarding an estate where all you have is a photo copy of that document. If you have any other questions regarding a scenario similar to this, you can click the link below or visit our website and we’d be happy to answer any other questions that you might have. Thank you so much.
Losing a loved one is never easy—and figuring out what to do next can feel overwhelming. At The Blum Firm, we often hear the same question: “Where do I even start?” Whether your loved one left a will or not, there are key steps you must take to properly handle their estate.
In this video, we break down what happens when your loved one leaves behind a will—what that means, what probate really involves, and what to expect from the legal process. We’ll guide you through the role of the executor, discuss why the original will is so important, and explain common misconceptions to avoid—like thinking you can skip probate altogether.
If you’re feeling unsure about the next steps after losing a loved one, this video offers clarity, reassurance, and practical advice straight from our legal team.. 💼
👉 Watch now to learn how to confidently take the first step toward honoring your loved one’s legacy.
So here at the Blum Firm, one thing that we hear from clients a lot is that they don’t know where to start when a loved one has passed away, and that can also depend on if their loved one had a will or if they did not have a will and what the various steps are to handle their estates. And that’s something that we’re going to talk about here today.
0:19 Simplest Case: There Is A Will
So, the first thing that we’re going to talk about is when a loved one passes away and they have a will. So, this is the best case scenario, typically. Of course, there are some pitfalls for if that will was not drafted properly or if there might be some issues with the will.
0:37 Probate Required
One thing that we see typically is people will maybe think that if there is a will, they don’t have to go through probate court. But that is a common misconception; and even if your loved one did leave a will behind, you actually have to go through the courts and have a probate judge find that the will is valid, admit the will to probate and swear in the named executive in the will.
1:00 Locate All Documents
So, the first thing that we always say to do is collect those documents. If you have the original, that’s obviously the best case scenario, because the process is much easier and faster when you have the original of that will with the actual ink signature on it. So, we encourage you to gather those documents and then you can deliver them to your attorneys so that they can get those submitted to the courts.
1:24 Submit To Your Attorney
Once we have the will in our possession, we’re able to look at the will, make sure that it’s executed properly, make sure that there is a named executor in the will, make sure the person bringing us the will is in fact the named executor in the will, and begin drafting that initial application that we will file with the court requesting that the will be admitted to probate.
1:46 File Probate Application
Once we get the application on file with the court, there are some citations that have to be issued that we will handle for you by requesting those through the clerk’s office. And once those citations have sat for the required amount of time, we can then request a hearing date. At the hearing date, the named executor does need to appear with us at that hearing. Sometimes the courts are allowing virtual appearances if you reside out of state or if you are not close to the courthouse. But sometimes they do require an in-person hearing that we will of course be there with you.
At that hearing, we what they call prove up the will, which is basically telling the judge that you do recognize the will that we’ve given to them as the will of your loved one, that you do recognize their signature on that document, and that you are willing and qualified to accept your role as the executor. I know sometimes people think if they’re named as the executor in the will that they’re automatically the executor. They can start collecting those assets, using those assets to pay debts or even distributing the assets to the beneficiaries in the will.
But it’s very important to remember as soon as your loved one has passed away, do not access their bank accounts. If you had a power of attorney, those expire when your loved one passes away. So, it’s very important to make sure as soon as your loved one passes that you no longer act on their behalf or access any of their accounts.
3:09 Letters Testamentary
Once you’re appointed through the court, then you get what’s called letters testamentary. I always call it kind of the golden ticket. It’s the document that allows you to stand in the shoes of your loved one to handle and administer their estate. Of course, our firm will guide you through that process because there are a few things that you have to do through the court such as running a notice to creditors, preparing and filing an inventory and list of claims as well as giving proper notice to all of the beneficiaries.
So when there is a will, things are much easier. It can sound daunting, but our firm is here to walk you through that, but it is important to just remember that you keep those original documents because if you do not have the original, there’s a whole different kind of process that we have to go through and we can talk about that in our next video.
3:58 Recap
So in summary, if your loved one did pass away and they have an original will, that is the easiest scenario for our firm to assist in getting their will admitted to probate. Just remember, keep the original documents safe. Remind your loved ones how important it is to keep their original documents safe. Have them tell you where they keep those documents. We have a lot of clients that come in and they just don’t know where their loved one might have put it; so, have those conversations. Keep that original safe. Bring it into your attorney when it’s time to probate it and we can walk you through the steps of getting it admitted through the courts.
If you have any questions about having an original last will and testament admitted to administer your loved one’s estate, you can click the links below to reach out to our firm and we would be happy to assist you with this. Thank you so much for watching.
