Why does the court tell me that I need an attorney?

I get a call from someone about every other week who tells me that the clerk of the court would not let them file something without an attorney. The reason for this is a bit technical, but I think I can explain it in lay terms. Only a licensed attorney may represent the interests of…

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What you should know about estate litigation

About once a week I get a call from a prospective client who wants to contest a will or trust, but we only take one about every six months or so. Why is this? While I know that there are a lot of reasons you might feel that a will or trust is unfair, there…

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Is probate always necessary?

No, probate is not always necessary; it can be avoided in several ways. First, because of a person’s family and financial situation it may not be needed. If the person owns little or no property, there would be no estate to probate. Also, sometimes between spouses with the amount and types of property they own…

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What can you put in your will?

I get a lot of questions from my clients, family, and friends that go something like this: can you do ________ in your will? Generally, the answer is yes. You don’t have to give your property to your spouse, children, or any other family member. You are free to disinherit whomever you want in favor…

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Who inherits property if there is no will?

I get this question a lot and it’s an important thing to know. If a person dies without a will then the person is considered to be intestate. Here is the law on intestate inheritance in Texas. First I am going to start with an unmarried person. Their property will go in equal shares to…

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Selecting an Estate Planning Attorney

There are a lot of estate planning attorneys in San Antonio. When you are selecting an estate planning attorney there are a lot of things to consider. Hear are my thoughts on what are the most important things to consider. First, you need to find a person you are comfortable with. Whether you are just…

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You found the will now what?

A common misconception I find with my clients and the general public is that a will by it self gives the people named in the will property. It does not; you have to get the will admitted to probate before it becomes effective. Fortunately, getting a will admitted to probate in most cases is relatively…

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The J. Guerra Law Firm San Antonio Probate Attorneys Blog

Welcome to The J. Guerra Law Firm’s blog. My name is Chris Hernandez; I am a San Antonio probate attorney. On this blog I’ll try to explain issues in probate, estate planning, guardianships, and probate litigation. If you have any general questions please do not hesitate to email me chris@jguerralawfirm.com and I’ll try my best…

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