RESOURCES

Frequently Asked Questions

Clear answers about our services, our process, and how to get started.

FREQUENTLY ASKED QUESTIONS

Common Estate, Probate, and Family Law Questions

Not finding your answer here? Schedule a free case review and we'll walk you through your specific situation.

Fees & Process

Do you offer flat-fee pricing?

Yes. We believe you deserve to know exactly what you'll pay before any work begins. Most of our services are offered at a flat fee so there are no billing surprises — just clear, honest pricing discussed upfront at your consultation.

What happens after I reach out?

We'll contact you within one business day to schedule a consultation. From there, we walk through your situation and recommend a clear path forward — no pressure, no commitment required.

Do I need an appointment to speak with an attorney?

Yes — we schedule consultations to make sure you get dedicated time with an attorney. You can book online or call us directly at (866) 598-8591.

Estate Planning

Do I need estate planning in Texas if I don't have significant assets?

Yes — estate planning isn't just about wealth. If you have minor children, a home, or a business, a will and power of attorney matter regardless of your net worth.

What happens if I die without a will in Texas?

Your estate passes under Texas intestacy law, which may not distribute your property the way you'd expect — particularly if you have children from a prior relationship, an unmarried partner, or own a business.

What's the difference between a will and a trust?

 A will directs how your property is distributed and goes through probate. A living trust can transfer assets directly to beneficiaries, avoiding probate — but it requires more upfront setup and proper funding.

Do I need a business succession plan if I already have a will?

 A personal will alone often doesn't address who takes over daily operations, ownership transfer, or business debts. A succession plan works alongside your estate plan to protect the business you've built.

How often should I update my estate plan?

After major life events — marriage, divorce, a new child, a business sale, or a significant change in assets — and generally every few years even without a triggering event.

Do I need a will if I already have a trust?

Yes — a pour-over will is typically recommended alongside a trust to capture any assets that weren't transferred into the trust during your lifetime.

Probate

How long does probate take in Texas?

A straightforward estate with a clear will and few assets is often resolved within six to twelve months. Larger estates involving real estate, multiple heirs, or a contested will can take longer, depending on court scheduling and how quickly documents are filed.

What assets have to go through probate?

In Texas, assets titled solely in the deceased's name generally must pass through probate. This can include real estate, bank accounts, and personal property. Assets in a living trust, accounts with payable-on-death designations, or jointly owned property typically pass outside of probate.

Do I need a probate lawyer in DFW, Austin, or Houston?

Texas law doesn't always require an attorney for probate, but the process involves court filings, legal deadlines, and fiduciary responsibilities that can be difficult to navigate alone, especially during a difficult time. An experienced probate attorney helps you avoid mistakes that could delay the estate or create personal liability.

Can probate be avoided in Texas?

In some cases, yes. Tools like revocable living trusts, beneficiary designations, and joint ownership can allow certain assets to pass directly to heirs without court involvement. Whether this is an option depends on how the estate is structured and how assets are titled.

What's the difference between probate and estate administration?

Probate and estate administration are closely related but not quite the same thing. Probate is the court process that validates a will (or confirms there isn't one) and gives an executor or administrator legal authority to act. Estate administration is the broader work that follows: gathering assets, paying debts and taxes, and distributing what remains to heirs or beneficiaries. In Texas, most estates go through both, one after the other, as part of the same overall process.

What happens if someone dies without a will in Texas?

When there's no will, the estate passes through intestate succession, and Texas law determines who inherits based on family relationships. This often means a longer, more complex probate process and can lead to outcomes the deceased may not have intended.

Family Law

How does divorce work in Texas for couples who agree on the terms?

In Texas, couples who agree on how to divide their assets, debts, and other matters can pursue an uncontested divorce, which is generally faster and less costly than a contested one. The process involves preparing and filing the required legal documents with the appropriate court, meeting a 60-day waiting period required by Texas law, and obtaining a final decree of divorce. Even when both parties are in agreement, having an attorney review and prepare the documentation helps ensure everything is filed correctly and that the agreement is legally enforceable. Dooley Noted Law assists couples across DFW, Austin, and Houston in completing uncontested divorces efficiently and in full compliance with Texas law.

How is property divided in a Texas divorce?

Texas is a community property state, which means that assets and debts acquired during the marriage are generally considered jointly owned and subject to division upon divorce. However, separate property — such as assets owned before the marriage or received as gifts or inheritance — typically remains with the original owner. Courts aim for a “just and right” division, which does not always mean a 50/50 split. The circumstances of each marriage, including the length of the relationship and each spouse’s financial situation, can influence how property is divided. Dooley Noted Law helps individuals in DFW, Austin, and Houston understand how Texas community property laws apply to their specific situation.

What is a prenuptial agreement and is it legally enforceable in Texas?

A prenuptial agreement is a legal contract signed by two people before marriage that outlines how assets, debts, and financial matters will be handled during the marriage or in the event of a divorce. In Texas, prenuptial agreements are legally enforceable when they are properly drafted, voluntarily signed by both parties, and supported by a full disclosure of each person’s financial situation. They can help protect business interests, family inheritances, and personal assets, as well as set clear financial expectations before entering a marriage. Dooley Noted Law drafts prenuptial and postnuptial agreements for clients across DFW, Austin, and Houston to help protect their interests and avoid future disputes.

Can a court order for child support or custody be modified in Texas?

Yes, existing court orders related to child support, custody, or other family matters can be modified in Texas when there has been a significant change in circumstances since the original order was issued. Examples may include a parent relocating, a substantial change in income, or a shift in the child’s needs. To request a modification, you must file a petition with the court and demonstrate that the change in circumstances is material and substantial. Dooley Noted Law helps families across DFW, Austin, and Houston seek modifications to existing court orders so they reflect current realities and continue to protect the best interests of everyone involved.

What is alternative dispute resolution and when is it used in Texas family law cases?

Alternative dispute resolution (ADR) refers to methods of resolving legal disputes outside of a courtroom, such as mediation or negotiated settlement. In Texas family law cases, ADR is commonly used to resolve disagreements about property division, support, or other matters without the time and expense of a full trial. Mediation, in particular, involves a neutral third party who helps both sides reach a mutually agreeable solution. Courts in Texas frequently encourage or require mediation before proceeding to trial in contested family law matters. Dooley Noted Law guides clients through the ADR process in DFW, Austin, and Houston, helping them reach practical resolutions while minimizing conflict and unnecessary legal costs.

Do I need a lawyer to file for adoption in Texas?

While not legally required, having an attorney significantly reduces the risk of errors that can delay or jeopardize an adoption. We guide families through every step of the process.