Probate and Estate Administration

Michael P. O’Brien, as a former Estate and Gift Tax Attorney with Internal Revenue Service, is skilled in the administration of the Estates. Michael P. O’Brien comforts and reassures clients during the difficult transition of the death of loved one with a calm, relaxed manner, while attentively focusing on the needs of the family.

Michael P. O’Brien assists client with the administration of an Estate and regularly handles:

Estate Administration
Probate of Wills and Estate Matters
Appointments of Independent Executor and/or Administrator
Administration of Estate of Decedent
Guardian Designation
Administration of Living Trust
Affidavits of Heirship
Elder Law
Receipts for Inheritance
Testamentary Trusts and Administration of Trust
Estate Tax & Gift Taxes
Probate Matters
Muniment of Title
Income Tax planning and strategies
Letters Testamentary
Trust Law & Interpretation
No Will Estates
Fiduciary Duties
Will Contests
Simple & Complex Trust
Trust Law & Interpretation
Trust and Living Trust Administration
Deeds & Real Estate Matters
Partitions of Real Estate

An "Executor" is the person appointed in the Will of the Decedent to carry out the desires Decedent of the as expressed in that Will and to administer the assets and property owned by the Decedent. The term "Independent Executor" means that the Executor may act independently of direct control by the Court except for the filing of the required Inventory, Appraisement and List of Claims and certain other filing requirements. Without having been categorized as "Independent", virtually all of the duties and actions of the "Executor" would be subject to prior approval by the Court since a mere Executor is required to obtain advance approval for virtually every action.

In the capacity as Independent Executor, the individual named as the representative of the Estate completes the process of winding up the affairs of the Decedent. This process is called "administration" and requires the representative to locate and assist in the valuation of the assets of the Estate; the preparation of an Inventory listing those assets; giving notice to creditors and acting on claims, the payment of debts, expenses of administration, and taxes; and the distribution of the remaining assets to the beneficiaries named in the Last Will and Testament.

After all known debts and taxes Estate have either been paid or disallowed, then Executor may distribute the remaining assets to the appropriate beneficiaries.

By way of a partial summary, the administration of this Estate is an essential and very important process. It clears title to real estate. It settles legitimate debts and wipes out others. It establishes a new tax basis for the property in the estate. It may permit clear title distribution of property to the persons entitled to receive it under the terms of the Will.

Law Office of Michael P. O’Brien, P.C. has provided legal services with emphasis on wills, trusts and probate, estate planning, real estate, insurance law, business law, and corporate law, representing individuals, families, businesses and corporations in the Corpus Christi, Texas and the surrounding Coastal Bend communities of Portland, Robstown, Rockport, Aransas Pass, Ingleside, Port Aransas, Padre Island, Taft, Sinton, Mathis, Beeville, and George West for over 20 years.

Please contact the Law Offices of Michael P. O’Brien, P.C. to schedule an initial no-cost confidential consultation, you may call the office at (361) 851-8100 or email Michael P. O’Brien, P.C.