Need to engage a good probate lawyer in Houston to help with some executor issues. Any references? Thanks

While we're at this, I'd like to hijack your thread with an additional question, if you don't mind.

What's the best system to protect significant ($10MM +) of commercial property (mainly SFHs) against probate in Texas? Simplest that I've found (not being a fancy smart lawyer type) is a transfer of deed upon death for each property. More convoluted/expensive would be a trust or system of trusts.

bkag9824 said:

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While we're at this, I'd like to hijack your thread with an additional question, if you don't mind.

What's the best system to protect significant ($10MM +) of commercial property (mainly SFHs) against probate in Texas? Simplest that I've found (not being a fancy smart lawyer type) is a transfer of deed upon death for each property. More convoluted/expensive would be a trust or system of trusts.

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Can't help the OP; that is a much better question for someone in the Houston area to address.

Regarding bkag's question: If that represents ~50% of net worth or less, I would reach out to Jeff Chadwick at Winstead. I know his Dallas partner John Bergner well, and Jeff comes as highly regarded. If the SFH's are most of the wealth, I've been very pleased with Amy Bolline at Husch Blackwell. She is an Aggie based in Dallas, but her firm has a Houston presence and she has worked effectively with non-Dallas mutual clients.

bkag982 said:

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What's the best system to protect significant ($10MM +) of commercial property (mainly SFHs) against probate in Texas?

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If you're at liberty to say, may I ask what your main purpose in avoiding Texas probate for those properties is? And, is the decedent-to-be a resident of Texas or is he out-of-state?

Not trying to sound flippant with this response, so apologies if it comes off as such. But why would anyone want or allow their heirs to go through probate if they don't have to?

Meaning, if the assets are income producing, there's essentially zero debt on any of it, etc., why would you want said assets tied up in the probate process unnecessarily? Why not pass go and collect $xyz? Figuratively speaking, of course. I have limited experience with probate, but my understanding is that there is zero to gain by going through the process.

Yes, the decedent-to-be is a resident of Texas, and all of the assets are in Texas. Most of the heirs (save for one possibly) are also residents of Texas.

I've used Robin Apostolakis with Martin, Earl, and Stillwell out of The Woodlands for a few of my own cases and have referred a few others (including my dad) to her as well. Probate/wills/trusts are her thing and she's board certified. She is also a partner but her name is too long to add to the sign

Give her a call at 281-419-6200, tell her Adam sent you.

I have some recommendations if you want to pm me, who would depend on some details.

Thanks for the info and I have these and a few more from the Houston forum......I'll make some calls tomorrow and appreciate the input.

bkag9824 said:

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Not trying to sound flippant with this response, so apologies if it comes off as such. But why would anyone want or allow their heirs to go through probate if they don't have to?

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Please, no apology is necessary. You ask a great question.

Yes, there is a certain efficiency in ensuring that legal title to a decedent's assets passes directly to certain pre-designated heirs (and contingent heirs), either by using Transfer-On-Death deeds in the case of real estate, or by making P.O.D. designations in the case of financial assets, but there always seems to be some things that pass through the cracks, and end up having not being dealt with ahead of time.

Texas has one of the best systems in the country when it comes to allowing a decedent's estate to be administered (free of court supervision) by an independent executor of the decedent's choosing. I can not overstate the flexibility that this provides. Prior to 2011, you also had to file an inventory with the court, and such information was public record. No more. Texas allows an executor to file an affidavit in lieu of inventory, and that keeps nosy types from learning your business.

But back to the flexibility -- what if a P.O.D. or T.O.D. fails for want of a living beneficiary? The asset goes back to the estate. If you haven't even opened a probate and received letters for an independent executor, you now get to do that.

What if a couple years down the road you are informed that the decedent had reserved a long-forgotten 50% mineral interest back in the '80s in one of the Permian fields, and now you've got significant bonus $$ being waived in your face and no executor ready to move?

What if a couple years down the road you're notified that the decedent was entitled to some unclaimed property and again, you've got no executor ready to claim the funds, which are now vested in 'The Estate of Mr. Decedent, Deceased'?

Maybe you're not worried about loose ends or contingencies or flexibility. That's fine. But you asked.

You can get a 'flat-fee' probate opened in Dallas county for around $1,500.00. The Executor gets his Letters Testamentary and does his job. If you don't need any more lawyering than that, you're good to go.

You do need to be careful when selecting probate attorneys. I've heard horror stories of guys charging a % of the gross estate (even when minimal work is involved) and involving their over-priced buddies to 'appraise' all the decedent's properties. Pretty sad -- but it happens.

Now, if you are a guy with good business sense there is no reason you can't be a good executor. And, by all means, if that's your preference, take care of as much as you can with T.O.D.s and P.O.D.s to make those assets non-probate.

But, when someone INSISTS on dealing with the 'Executor' of the estate, it sucks to say 'there ain't one'. And, if you're filing a Federal 706 Estate Tax Return, they want one.

Best wishes.

Excellent points you bring up, and I appreciate the additional thoughts/examples.

In our case, I don't believe any of those types of examples exist, but you never know. So a consultation with a lawyer might be warranted if nothing else.

If you want some names, I got some in Houston that I have worked with that are great.