Houston Probate & Estate Administration Law Blog

When entering into probate administration, an executor may not always know the location or even the identity of a named heir or designated beneficiary. Sometimes family members may have been missing or estranged for a number of years prior to the decedent's death. Since the location and notification of those individuals is part of the executor duties, it can become a very time consuming and frustrating process. Allow us to give you a few tips that may assist in your search.

First, understand that it is of vital importance that, as the executor of a will, you keep detailed records of your attempts to locate someone. These will also need to be filed with the court. In the event that an heir or beneficiary are unable to be located, it will be the probate judge's decision as to what should be done with their portion of a distribution. He or she must have documentation showing that every attempt possible was made to locate the person.

Many people do not realize that there are several different types of Power of Attorney. Each serves a specific purpose and has its own set of rules as to when it will come into effect, as well as when it will cease. Below, we discuss the four most common types.

First, a durable power of attorney deems that if a principal becomes incapacitated or determined unfit to make his or her own decisions, then the powers remain in place and decisions can continue to be made by the designated agent. This type of power of attorney is irrevocable.

Texans who have concerns about the type of medical care they will receive should they become ill enough that artificial means are necessary to keep them alive will want to think about a living will. A living will is a key part of comprehensive estate planning and should not be ignored. The desire of the person is paramount with a living will. Many people do not want to be subject to medical intervention or be kept alive with artificial means. Therefore, it is important to remember important points about Texas law for living wills.

If there is a procedure or a machine that will be used to replace, maintain or restore a vital function and postpone death in a person whose condition is terminal and whose death would be imminent without the intervention, this counts as a life-prolonging act and the living will can prevent it should the person desire it. This does not include giving medication or performing procedures that will increase the person's comfort or end pain. The person can designate a person to make those decisions if he or she is incompetent or comatose.

Texans who are without a vast portfolio and do not own significant amounts of property will often shun the basics when protecting themselves with an estate plan. There might be a perception that an estate plan is only necessary for those who own a lot. This is not the case. The reality is that people who function under the belief that they own so little that wills and other estate planning devices are unnecessary do have many items that need to be addressed by formulating at least a basic document. Still, it is important to understand what happens when there is no will or other estate planning document to serve as a guideline after death.

Dying without a will is known as dying intestate. In every state, there are contingencies in place to account for this all-too common issue. In general, intestacy laws dictate that the decedent's estate passes to the closest living relative. That could be a spouse, a child, a parent, or a sibling. The benefits of a will or other device are that it states exactly what the decedent wanted rather than relying on what the state laws say. Should a person fail to detail where he or she wants the assets and property to go, it will simply be passed along to the closest living relative whether that is what the decedent would have desired or not.