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W. Timothy Weaver, Attorney at Law

Lawyers: Estate & Probate Houston
Choose an attorney with 37+ years of experience

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1330 Post Oak Blvd., Suite 2877 Map
Route Houston, TX   77056  
(713) 622-1075
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Secure Your Legacy With a Will or Trust PREPARE WITH THE HELP OF AN ACCOMPLISHED HOUSTON, TEXAS ESTATE PLANNING ATTORNEY It’s hard to think about matters relating to the end of your life, especially when you feel you’re at your prime. W. Timothy Weaver, Attorney at Law knows the importance of having a plan in place if the unexpected were to happen. It’s essential to be proactive and take care of your legacy ahead of time. Attorney Weaver has decades of experience handling estate planning and will guide you through the process. He’ll discuss your assets and goals with you in order to recommend the most effective approach for your needs. Get started by calling W. Timothy Weaver, Attorney at Law at 713-622-1075.

W. Timothy Weaver, Attorney at Law can be found at 1330 Post Oak Blvd., Suite 2877 . The following is offered: Lawyers: Estate & Probate - In Houston there are 47 other Lawyers: Estate & Probate . An overview can be found here.

Keywords estate planning, power of attorney, probate estate administration, probate flat fee, probate law, probate litigation, real estate attorney, will contests, wills and trusts law.


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  • About Me

    W. Timothy Weaver , born July 7, 1953, in Corpus Christi, Texas, was admitted to the Texas bar in 1979 and the U.S. District Court, Southern District of Texas in 1981 and was admitted to practice before the United States Supreme Court in 1985. EDUCATION B.B.A. from the University of Texas in 1975 J.D. from South Texas College of Law in 1979 A.A. White Dispute Resolution Institute – Certified Mediator – 1991 PROFESSIONAL MEMBERSHIPS Houston Bar Association State Bar of Texas Houston Bar Association – Probate & Real Estate Section Treasurer – Cape Cod Civic Association PROFESSIONAL EXPERIENCE Former Staff Attorney (1988-1990) for Probate Court #1, Harris County, Texas HOBBIES Salt Water Bay Fishing Golf

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    Houston Probate lawyer, W. Timothy Weaver offers a probate flat fee because he recognizes the need for families to know, in advance, what the costs of the probate proceeding will be. One of the biggest problems with an attorney charging by the hour for a routine probate proceeding is the uncertainty of knowing up front what the total cost of legal services will be. Furthermore, executors then may feel reluctant to call counsel to ask questions because they feel that it will drive up the fee when in fact the answers to those questions may be essential. A flat fee arrangement therefore gives clients more comfort in knowing the total costs of probate. FLAT FEE/PROBATE OF WILL – $2,375.00 Professional Services Included in Flat Fee for the Probate of a Will that is not contested: Initial conference with client to review the Will and discuss the probate process and the Decedent's estate and creditors. Preparing and filing the Application to Probate Will. Set Application to Probate for hearing. Prepare Testimony, Order Admitting Will to Probate and Oath of the Independent Executor. Attend hearing, file Testimony and Oath, and order Letters Testamentary. Prepare and mail notices to beneficiaries pursuant to Texas Estates Code Section § 308.004. Prepare Certificate for Court Prepare Notice to Creditors for publication. Prepare and mail notice to secured creditors and unsecured creditors, if necessary. Prepare and file Inventory and List of Claims and Order Approving Inventory and List of Claims. INCLUDES THE FOLLOWING OUT-OF-POCKET COSTS: County Clerk's filing fees for Application to Probate Will – $273.00 Notice to beneficiaries by certified mail, return receipt requested at $5.54 each. Daily Court Review: publication fee to publish Notice to Creditors – $59.00 Notice to secured and unsecured creditors by certified mail, return receipt requested at $5.54 each, if necessary. County Clerk's filing fees to file Inventory – $27.00 3 Letters Testamentary – $2.00 each



    Make Sure Your Loved One’s Wishes Are Carried Out HIRE W. TIMOTHY WEAVER, ATTORNEY AT LAW Probate Estate Administration | Houston, TX Have you been charged with administering a loved one’s estate? W. Timothy Weaver, Attorney at Law can help you make sure everything goes according to plan. Attorney Weaver has more than 37 years of experience with probate law and estate administration. He’ll assist with the distribution of the deceased’s estate and handle any legal issues that may crop up during the administration of the estate. You’ll rest easy knowing that the estate is in the hands of an experienced professional. Find out what W. Timothy Weaver, Attorney at Law can do for you by calling 713-622-1075. Probate law attorney in Houston, Texas PROBATE LAW ATTORNEY IN HOUSTON, TEXAS W. Timothy Weaver, Attorney at Law can provide sound legal counsel for estate administration and probate matters. Attorney Weaver can: Help interpret confusing will provisions Determine the best way to handle an insolvent esate Help resolve any property disputes Determine the most tax efficient way to handle the estate Get started by reaching out to W. Timothy Weaver, Attorney at Law today.



    Has the Sudden Death of a Family Member Left You Scrambling? W. TIMOTHY WEAVER, ATTORNEY AT LAW IN HOUSTON, TEXAS CAN HELP Dealing with the sudden passing of a loved one is hard enough without having to hash out estate administration issues. If you find yourself in a lurch because the deceased didn’t draft a will, contact W. Timothy Weaver, Attorney at Law. Attorney Weaver has extensive experience handling heirship proceedings. He’ll help determine the rightful heirs to the estate and make sure that they are legally recognized as such. Don’t let a moment go to waste—call W. Timothy Weaver, Attorney at Law at 713-622-1075 to expedite heirship proceedings. Heirship proceedings attorney in Houston, TX HEIRSHIP PROCEEDINGS ATTORNEY IN HOUSTON, TX W. Timothy Weaver, Attorney at Law has assisted area residents with heirship proceedings for more than three decades. Attorney Weaver will work with you in a court of law to determine: Who should inherit the estate What percentage of the estate each heir is entitled to Learn more about heirship proceedings by contacting W. Timothy Weaver, Attorney at Law in Houston.



    Give Your Loved Ones the Power to Act in Your Stead MAKE IT LEGAL BY WORKING WITH TIMOTHY WEAVER Power of Attorney & Probate Law | Houston, TX If you were to become incapacitated, do you know who would be making decisions on your behalf? If you can’t answer with confidence, contact W. Timothy Weaver, Attorney at Law right away. Attorney Weaver has experience with estate planning, asset powers of attorney and health care powers of attorney. He can help you appoint a representative who will keep your best interests in mind. Once you’ve chosen your agent, attorney Weaver will handle all the required documentation. Schedule a consultation with W. Timothy Weaver, Attorney at Law to discuss your options. W. Timothy Weaver, Attorney at Law has 37 years of estate planning experience and can answer all of your questions about powers of attorney. Attorney Weaver will assist you in legally appointing someone to handle: Healthcare decisions Money and asset decisions Legal disputes He’ll make sure you have someone lined up to make important decisions on your behalf if you were to become incapacitated. Get started by calling W. Timothy Weaver, Attorney at Law at 713-622-1075.



    Plan for Your Family’s Future Work with an experienced estate planning attorney Estate Planning, Wills and Trusts | Houston, TX If the worst were to happen, will your family know what to do – or will they be left scrambling? Make sure you have a plan in place by taking action now and contacting W. Timothy Weaver, Attorney at Law. Attorney Weaver will go over your wishes and evaluate your assets to determine the right estate planning documentation for your needs. Once a plan has been established, he’ll handle all of the necessary documentation to make sure your wishes are legally binding. Schedule an appointment with W. Timothy Weaver, Attorney at Law by calling 713-622-1075. Comprehensive estate planning services in Houston, TX COMPREHENSIVE ESTATE PLANNING SERVICES IN HOUSTON, TX W. Timothy Weaver, Attorney at Law can provide for all of your estate planning needs. Attorney Weaver has more than three decades of experience handling: Wills Living wills Powers of attorney Estate and gift taxes He’ll make sure you have a full understanding of the estate planning process and answer all of your questions. Get in touch with W. Timothy Weaver, Attorney at Law to get the legal counsel you need.



    If you are involved in a dispute regarding the validity of a will, known as a "will contest," you want an experienced attorney to protect your rights. If you are an heir or potential heir challenging the will, you want a lawyer who understands the law and process, one who has successfully helped others in similar situations. Houston Texas probate estate lawyer W. Timothy Weaver has successfully represented probate estate clients having will contest issues including a beneficiary challenging a will, lack of capacity, undue influence or improper will execution formalities. Wills, trusts, property division, and estate administration are not always as straightforward as people would like them to be. Emotions can run high and tension can develop quickly among family members and friends, and the situation can be made much worse by a will that isn't particularly clear, or contains an especially complex plan of division. If confusion develops and people involved disagree on how to interpret the wishes of the deceased, each interested party has the right to contest the will or the conclusions legally drawn from it. It's important to note, should you be considering filing a will contest, that there are various time limits on when you can do so. Most of the challenges to invalidate wills (will contests) are made by potential heirs or beneficiaries who got little or nothing in the will. Challenges to the validity of a will must be filed in probate court within a certain number of days after the person making the challenge receives notice of the application to probate or notice that the will has been admitted to probate. Simply being unhappy about a will or disappointed isn't a good enough reason to challenge it. There must be a valid legal ground for the objection. The typical objections are: The will was not properly drawn, signed, or witnessed, according to the formal requirements of Texas; The decedent lacked mental capacity at the time the will was executed; There was fraud or undue influence; or The will was a forgery. If the will is held invalid, the probate court may invalidate all provisions of the will or only the challenged portion. If the entire will is held invalid, generally the proceeds are distributed under the laws of intestacy (the laws that apply when there is no will). A contest to a will must be filed within two years from the date the will is filed into probate and recorded (probated) by a judge and is considered valid. It is always better to file the will contest before the will is actually approved by the Judge as this will effect who has the initial burden of proof. Please consult your lawyer to find out all of your rights and remedies in will contest matters.



    What is estate planning? Estate planning is a process to consider alternatives for, to think through, and to set up legally effective arrangements that would meet your specific wishes if something happens to you or those you care about. Good estate planning is more than just a simple Will. Estate planning also typically minimizes potential taxes and fees, and sets up contingency planning to make sure your wishes regarding health care treatment are followed. Does it make sense to use an attorney? Is it expensive? Only an attorney who regularly practices in the fields of wills, trusts, probate and estate planning is able to provide you with really sound legal advice as you put your estate plan into place. Attorneys are subject to regulation by state bar organizations, many of which have continuing education requirements. When you speak with an attorney, you can get answers to your questions, including how much it would cost. Often the expense incurred in retaining an attorney to prepare and help you put an estate plan into place is worth hundreds of times what you and your family would pay with no planning or poor planning. It would also avoid the financial and emotional nightmares that can occur with a poorly drafted (or improper) will or estate plan. What is an estate? The term estate consists of all the property a person owns or controls, whether in his or her sole name, held in a partnership, in a joint ownership arrangement, or through a trust, and all other monies that would be generated on the person`s death, such as through life insurance. It includes: real property and things attached to it (houses, buildings, barns, etc.) all personal property (including automobiles, bank accounts, stocks and bonds, mutual funds, stock options, cash, furniture, jewelry, art, collectibles, etc.) all businesses and business interests (sole proprietorships, partnerships, corporations, joint ventures, and the goodwill, inventory, tools and equipment, accounts receivable, and other business property, etc.) powers of appointment (the right to direct who gets someone else`s property) life insurance and annuity contracts, pension benefits, IRAs, 403(b)s, etc. all claims you have against others, such as for the pain and suffering from an auto accident. When should I start my estate plan? The only time that you can prepare and implement an estate plan is while you are alive and have legal capacity to enter into a contract. If you are unable to manage your own affairs or suffer from some other disability which affects your legal capacity, your estate plan may be effectively challenged by those who assert that you lacked capacity at the time the documents were created, that you were subjected to fraud, coercion or undue influence during the creation and implementation of your plan. The best time to start an estate plan is now, while you have the capacity to do so. Should I have an estate plan? You should have an estate plan if: you are the parent of minor children. you have property that you own. you care about your health care treatment. If you do not have minor children, do not own any property, and have no concerns about your health care treatment, then you do not need an estate plan. But if you meet any of these categories above, you should have an estate plan. What sorts of instructions are made as part of an estate plan? An estate plan consists of one or more documents that set forth instructions. Some documents are used to control health care decisions, others control your property in the event of your incapacity, and still other documents will control the distribution of your property in the event of your death. How can an estate plan prevent a Guardianship proceeding? An estate plan uses several tools which can prevent the court from gaining jurisdiction over your affairs. A Living Will or Directive to Physicians is used to determine if artificial life support systems are to be used or withheld. A Durable Power of Attorney for Health Care is used to provide authority to a person, in whom you have the utmost trust and confidence, to make decisions regarding health care treatment when you are unable to provide informed consent. A Durable Power of Attorney for Property enables you to authorize a person to act in your place and stead in the event of your incapacity; this attorney-in-fact can manage your financial



    What is probate? Probate is a legal process by which a court oversees the administration of a decedent’s assets and liabilities either with or without a will. This process can take a matter of months or several years to be completed. Where does probate occur? Your Estate is probated in a Court of the county and state in which you lived at the time of your death. If you own any property in another state, another ancillary probate proceeding may be necessary in that state and county. What assets are subject to probate administration? All assets owned by you in your own name, not in joint tenancy with right of survivorship, in trust or with a beneficiary designation, are subject to probate administration when you die. How is the Will probated? The following is a VERY simplified outline the general probate process: The original of the Will is filed with the Court along with the appropriate application. After filing of the Application for Probate, the Clerks’ office posts a notice in the courthouse. Generally, after 10 days, a hearing can be held to admit the will and appoint the Executor (or Administrator if there is no Will). Executors and Administrators are commonly referred to as Personal Representatives, so from this point forward in our outline, we will refer to Will Executors and Administrators simply as Personal Representatives. Generally, within 30 days from the date the executor qualifies, a notice to creditors is filed in a local newspaper. The Personal Representative can then give creditors notice to file claims within four months from the date of receipt of notice from the Personal Representative. Creditors of the Estate may or may not elect to file claims against the Estate. This would include any prior creditors or judgment holders, debts resulting from last illness, funeral expenses, taxing authorities, etc. During this time period, the Personal Representative has to identify and collect assets of the Estate. To do this, the Personal Representative locates all bank and security accounts, debts owed to the Decedent, property owned by the Decedent, etc. The Personal Representative also has to maintain the assets in good condition, and to collect income for the Estate. This consists of maintaining insurance coverage, collecting rent, protecting assets from theft or damage, etc. The Personal Representative may also liquidate assets such as cars, real estate, etc., unless court authority is needed. When the four month Claims period has expired, and when all assets have been collected, real property sold, and assuming no problems have presented themselves such as the Will being contested, the Personal Representative can proceed with distribution of all remaining assets to the beneficiaries/heirs. If the Personal Representative is serving as a Dependant Administrator the Personal Representative must file a detailed accounting with the Court setting forth all monies received, monies disbursed, how assets were invested, remaining debts and the proposed plan for distribution. If the Court approves the plan, the Personal Representative then divides the assets as instructed in the Will, or as required by statute if no Will exists, and distributes to the will beneficiaries or heirs. The minimum amount of time that the probate process can be completed is approximately six months, but it normally takes longer. Reasons for delays can include Will contests, pending estate litigation following rejected claims, property cannot be sold, one or more claimants not being notified in the original four-month Claim period so they end up having to be re-noticed, etc. This is one of the main reasons why it is important to have a good probate attorney; it reduces the chances of complications during the probate process and a good Probate attorney can help streamline this process. Is there any way to avoid probate? Yes, most states have a summary procedure whereby probate is avoided if the value of your assets is less than a certain value. For example, in Texas, if your assets amount to less than $50,000, exclusive of homestead, and you die without a will, probate can be accomplished by filing a Small Estates Affidavit and a hearing is not necessary. It’s in your best interest to consult with an attorney seasoned in Estate administration to minimize the chance of legal complications in trying to avoid probate.



Images W. Timothy Weaver, Attorney at Law
Images W. Timothy Weaver, Attorney at Law
Images W. Timothy Weaver, Attorney at Law
Images W. Timothy Weaver, Attorney at Law

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Lawyers: Estate & Probate
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