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Kalish Law Texas

Divorce, Probate, Business Law- The Woodlands Kalish Law

(281) 363-3700
(281) 363-3700
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You are here: Home / Legal Blog / Is it Worth it to File in Probate Court?

Is it Worth it to File in Probate Court?

September 1, 2020 By Kalish Law Office

There are a lot of factors to consider in whether or not it is worth it to file a probate case. A cost analysis should be part of the decision.

Who Can File Probate?

In order to file a legal case, you have to have “standing”. Simply put, legal standing means that you have a right to file the case, and it affects you in some way. For example, here is a general list:

  1. You are a spouse or child of the deceased person, or beneficiary in the will (or an heir at law for someone without a will). Or you are the guardian of a person who fits one of these categories description and will file on their behalf.
  2. You are named as the executor in the will.
  3. You are a creditor of the estate or have a legal interest in some of the property held in the estate.
    But, if a nosy neighbor of the deceased, who has no relation or interest in the estate wants to file probate, they lack standing. They also have nothing to gain from filing, other than legal bills that they could be stuck with!

Some Examples: Is it Worth it?

  1. In order for it to be “worth it” to go through probate court, there should be a cost analysis done. For instance: Your sister dies and you are the only heir. Say that you have received a quote of $5,000 in attorney’s fees and another $ 750 in costs to sort out her estate. That is a total of $ 5,750.00. You are going to pay up front, but want to be reimbursed. Now, assume she had no real property and only owns a 15 year old auto and a small bank account with a value of $3,000.00. Assume there are no other assets of value, no life insurance or other accounts. Well, even if all goes well, at the end, you will be minus $2,750 and you will be the owner of a 15 year old auto. Is this worth it to you? You will need to decide.
  2. Take the above example again, and assume all is the same, except that there is a home, with no mortgage, and it is worth $325,000.00. Different story. You would probably choose to file for probate.
  3. Now, assume that everything in #1 is true. But, instead of a paid off home, there is a home with a mortgage. Now, add in massive debt. Assume back federal taxes, a lawsuit from local taxing authorities, credit card debt, medical debt, and more. That situation deserves a more thorough analysis. Can some of the debt be negotiated or written off? How likely is that to happen? Since the case is much more complicated, the legal fees, costs and time spent will rise accordingly. Is it worth it to file? Or will you be spending hours and hours for the benefit of creditors getting paid, with little or no value to yourself? Are you willing to take on this task?
  4. If, as in the examples, you are the sibling of the deceased person, you may choose not to file, based on a cost analysis. But, if you are the spouse of a deceased person, the result may be different. Your finances, and probably your homestead will be tied up with the financial picture of your spouse, and some of that debt may even be joint debt. It is recommended that you get a legal consultation about the whole picture, and learn about all the options that you may have, including, but not limited to, filing for probate.
  5. *Note* How complicated a case is depends on several factors. One of those factors is whether the person died with or without a will. In the examples above, for clarity, I did not make a distinction. But, be aware that it is always simpler and less expensive if the person had a clear, unambiguous, legally valid will!

How We Can Help

We have experience in dealing with probate cases of all types, from straightforward to very complicated. Our attorneys and staff can assist you in English or Spanish and help you make a decision.

Contact Us.

“Passionate, Professional and Personal. We Make the Difference.” Kalish Law Office has been serving businesses and families since 1984.

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Filed Under: Legal Blog Tagged With: debts of estate, dies without a will, executor, filing for probate, intestate, is it worth it to file for probate, Texas probate, the woodlands probate lawyer, what does probate cost, who can file for probate

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Kalish Law Texas

3 Grogan's Park Dr.
Ste. 200
The Woodlands, Texas 77380
Phone: 281-363-3700

Se habla español

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Sonnya Spires
Sonnya Spires
13:52 15 Nov 22
Kalish Law Firm handled our estate planning. The whole team is very professional and friendly. Special thanks to Ms Maggie Gonzalez she was so patient and made us feel very comfortable. We would gladly recommend Kalish Law Firm.
Emma Kiper
Emma Kiper
01:37 26 Oct 22
Very happy with Kalish Law Firm redid our will. They listened and explained our options for estate planning would definitely recommend.
John Hardey
John Hardey
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Sio and her staff are very professional and experienced. They did an awesome job for me and I highly recommend them.
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ana teresa caravante
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We were satisfied with the service we received . If you ever need their services we recommend them.
Kevin Martin
Kevin Martin
01:41 26 Feb 22
Here's some background- I'm the father of 2 fantastic kids, who’s mother is in law enforcement. I came to Sio desperate for help to modify my standard custody order in MoCo- seeking more time with my kids, more decision making authority, and the ability to hold my ex accountable to making choices that will benefit our kids and give them everything that they deserve.As a father, nobody believed this was possible. I had friends and family tell me I didn’t stand a chance. I even consulted with a different attorney once who refused my case, claiming fathers only win if there’s abuse or drugs involved. Then I found Sio…From day 1, Sio treated me as a parent- not “just a father”. Though she acknowledged that my case would be a battle, she never doubted what I was fighting for. Sio and her team were understanding and patient throughout this stressful time in my life, and took their time to help me understand the complicated family court processes. In the end, she DELIVERED. I was able to creatively modify my custody order to provide an arrangement that will truly serve my children.If you’re a good father looking to provide a good life for your kids, call Sio
Lovebug13
Lovebug13
02:37 19 Feb 22
Sio was my Lawyer her team amazing. They keep me update on any information about my case . They explained everything to me step by step. my case was successful. In any case make sure have all your documents and facts together.Thanks,Ladies and Kalish Law for all your hard work!
michelle stern
michelle stern
02:47 08 Jan 22
Sio was attentive and very responsive and supportive. I highly recommend her for any family law needs. Excellent service!
michael gordon
michael gordon
20:06 21 Dec 21
Estate planning, Last Will and Testament…Good people, professional and courteous.
Gabby Snyder
Gabby Snyder
13:36 01 Dec 21
Excellent Legal Representation, timely, efficient and very cost effective! Family based firm with strong & experienced staff of attorneys and paralegals. Mrs. Sio Petri has provided 5 star service for any of my legal needs! Our family travels from Beaumont Tx to the Woodlands because we are so impressed with this firm! Highly recommend!
Maria Colindres
Maria Colindres
01:48 01 Dec 21
I have the honor and pleasure to recommend the law firm KALISH LAW OFFICE and its incredible professional legal team. The lawyer SIO RAMIREZ PITRE is an excellent lawyer with an experience, Efficiency, responsibility, honesty and with a great professional approach that advises you at all times and In all aspects in your process, with her incredible and professional paralegal team who are constantly aware of your case in a responsible way, they are very responsible. Thank you MIRNA RAMIREZ, MAGGIE GONZALES, ADILENE RODRIGUEZ, for all your great work and legal advice and thank you Attorney SIO RAMOREZ PITRE for your dedication and commitment which exceeds all the required standards. I am more than grateful, very satisfied with your services ... May God always guide you to help all people that require your great work, it is my pleasure to give my recommendations to this great law firm Kalish Law Office and its team that is very Committed to help everyone.Thank you for all your support ..
Betty Jimenez
Betty Jimenez
22:05 12 Nov 21
Kalish Law Firm has been amazing with my legal needs.Mrs Sio Ramirez Pitre represented me for my divorce.Speacial thanks to Mrs Sio.Their team of lawyers, MR Bob Kalish and Mrs Laura Kalish as well as the entire staff, Paralegal Myrna Ramirez , Addy, and Maggie , all are efficient,,well informed,They always have the best interest in mind, the client and family in legal terms. I strongly recommend their legal skills.They will work hard for you.Thank you so much Kalish Law Firm.
Caitlyn Gambino
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20:06 12 Jun 21
This office was so professional, friendly, prompt, and detailed. They helped me with my issue and I will definitely contact them again for any future legal needs!
Dr Greg Alex
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15:19 10 Jun 21
Probably the most complete and succinct law mind in the world will be working with you as they have with me. Bob Kalish He’s a consummate professional, and a winner through and through. Achieve your ends with confidence.
Marcy Halterman, D.C.
Marcy Halterman, D.C.
00:15 10 Jun 21
Kalish Law was a big help not only in aiding in the preparation to sell a business, but also with making sure all the dots were crossed for our estate planning needs. They make sure you understand everything and exhibit a true desire to make sure they have taken care of your legal needs. I recommend them highly!
Nancy Poblenz
Nancy Poblenz
22:55 06 Jun 21
Firm handled wills for my husband and me -they were knowledgable and answered all our questions very patiently. Bob Kalish and his team also advised us on need for durable power of attorney and guided us through the process of considering end of life issues such as DNR. Overall, very pleased with the service, the turnaround time for our documents was excellent and they were prepared exactly as we wanted.
L Fisher
L Fisher
00:40 21 Aug 20
I don't recommend Kalish Law to represent you in your divorce hearing. My case was dismissed for numerous reasons. Paperwork not being filed on time, and a missed notary seal. I never once received in a yr and half an invoice. After requesting a refund, her team sent me a bill for almost 8k! DO NOT HIRE THIS FIRM! My money was completely wasted. Oh let us not forget my child support was also dismissed as well. AGAIN DO NOT HIRE THIS FIRM!
Andrea Lau Luarca
Andrea Lau Luarca
21:22 28 Aug 19
I used Kalish Law Services I believe a year or two ago. Sio, represented me during my child support/visitation with the father of my children that was highly difficult. She discussed all the possibilities and was very explanatory on how the process would go. She was straight forward and to the point. No time wasted. I was very pleased in how my experience went with everything and the great communication sio and her staff had with me. I would use their services again if the opportunity did arise. I do highly recommend them. They are so great.
Steve Horn
Steve Horn
15:10 05 Aug 19
Bob Kalish and his team worked hard to help me with my issues.
Ashley Gonzalez
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22:13 15 Jun 17
Sio has been representing me for the past year and a half. She has been understanding and has truly gone above and beyond for me and my children. I would highly recommend her for any family court cases you may have going on. Sio is the best when it comes to standing up and defending her clients. Her assistants Ann and Myrna have also been wonderful answering all of my questions and emails right away. Thank you guys so much!
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