FAQs

Frequently Asked Questions

We understand that navigating the legal landscape can be complex and intimidating. As seasoned legal professionals based in the heart of Texas, we are here to provide you with clear and concise answers to some of the most common questions we encounter. Whether you're seeking insights on bankruptcy, debt relief, or probate, our goal is to empower you with the knowledge you need to make informed decisions about your legal concerns. Explore this FAQ section to find valuable information that can help demystify the legal process and set you on the path toward a successful resolution. Please note that while these responses provide general guidance, it's important to consult with us directly to address your unique circumstances. Your legal journey starts here, and we're honored to be your trusted advocates every step of the way.

About Bankruptcy

What is bankruptcy?

Bankruptcy is a legal process that provides individuals and businesses with a way to obtain relief from overwhelming debts. It involves a court proceeding where a debtor's assets are evaluated and, if necessary, liquidated to repay creditors, or a repayment plan is established to help the debtor regain control of their finances.

What are the different types of bankruptcy?

The main types of bankruptcy for individuals and businesses are Chapter 7, Chapter 11, and Chapter 13. Each chapter has specific criteria and processes.

What is Chapter 7 bankruptcy?

Chapter 7 bankruptcy, often referred to as "liquidation bankruptcy," involves the sale of non-exempt assets to pay off creditors, and the remaining eligible debts are discharged. Individuals or businesses with limited ability to repay debts may file for Chapter 7.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy allows individuals to create a repayment plan over three to five years to pay off all or a portion of their debts. This chapter is suitable for those with a regular income who want to retain their assets and catch up on overdue payments.

How does bankruptcy work?

Bankruptcy begins with the filing of a petition in the appropriate bankruptcy court. The court assesses the debtor's financial situation, may initiate an automatic stay to halt collection actions, and determines the appropriate chapter based on the debtor's circumstances.

When should I consider filing for bankruptcy?

Filing for bankruptcy should be considered after exploring all other options. It's typically used when there's no feasible way to manage or repay debts due to financial hardship.

What are the eligibility requirements for filing for bankruptcy?

Eligibility requirements vary by chapter and jurisdiction. Generally, individuals must undergo a means test to determine if they qualify for Chapter 7. Chapter 13 requires a regular income. Our bankruptcy lawyers will determine your eligibility for bankruptcy options and walk you through the entire process. 

What is the automatic stay in bankruptcy?

The automatic stay is a court order that stops creditors from taking collection actions against you once you file for bankruptcy.

What debts are not discharged in bankruptcy?

Examples of non-dischargeable debts include certain tax debts, student loans (in most cases), child support, alimony, and debts arising from fraud or malicious conduct.

Can I file for bankruptcy without my spouse?

Yes. However, if you have joint debts, they may still be impacted.

Can I file for bankruptcy more than once?

Yes, but there are time limits between filings. For example, Chapter 7 can typically be filed every 8 years, and Chapter 13 can be filed after 2 years from a previous Chapter 13 discharge.

How does bankruptcy affect my credit score?

Bankruptcy can significantly lower your credit score and will remain on your credit report for several years. Chapter 7 bankruptcy can stay on your credit report for up to 10 years, while Chapter 13 remains for up to 7 years. 

How do I rebuild my credit after bankruptcy?

Much of the standard financial advice to improve your credit score applies after bankruptcy. Rebuilding credit involves timely payments, using secured credit cards, and demonstrating good financial behavior over time.

Will I lose my home or car if I file for bankruptcy?

Exemptions may allow you to keep your home and car, but it depends on the value of the assets, the exemptions available, and the chapter you file under.

Can student loans be discharged through bankruptcy?

Student loans are generally not dischargeable in bankruptcy unless you can prove "undue hardship," which is a challenging standard to meet.

Can bankruptcy stop foreclosure or eviction?

Yes, bankruptcy's automatic stay can temporarily halt foreclosure or eviction proceedings, giving you time to address the issue.

Can bankruptcy clear medical debt?

Yes, medical debt can typically be discharged through bankruptcy like other unsecured debts.

Can I keep my credit cards if I file for bankruptcy?

You may need to surrender your existing credit cards, and obtaining new credit may be difficult after filing for bankruptcy.

Can I file for bankruptcy without a lawyer?

While you can file without an attorney, bankruptcy law is complex, and having legal representation is advisable. The trusted experts at Maida Law will guide you through bankruptcy and ensure you regain control of your finances. Contact us online or by phone (409) 234-0181.

Will bankruptcy affect my ability to get a job or rent an apartment?

Bankruptcy is a public record and could potentially impact your job or rental applications. However, it's illegal for employers or landlords to discriminate solely based on bankruptcy status.

About Probate Services

What is probate?

Probate is the legal process through which a deceased person's assets are distributed, debts are settled, and any remaining property is transferred to beneficiaries or heirs. It involves validating the deceased person's will (if there is one) and ensuring that the estate is managed and distributed according to the law.

When is probate necessary?

Probate is typically necessary when a person passes away and owns assets solely in their name. The complexity of the assets can determine whether probate is required.

How long does the probate process usually take?

The duration of probate varies widely depending on factors such as the size and complexity of the estate and potential disputes. It can range from several months to a few years.

What assets are subject to probate?

Generally, assets solely owned by the deceased person are subject to probate. These can include real estate, bank accounts, vehicles, personal belongings, and other valuable items.

How can I avoid probate?

To avoid probate, individuals often use strategies such as creating a living trust, designating beneficiaries on accounts, joint ownership, gifting assets, and using payable-on-death (POD) or transfer-on-death (TOD) designations.

Who is responsible for handling the probate process?

An executor (or personal representative) is appointed in the deceased person's will to manage the probate process. If there is no will, the court may appoint an administrator.

What does a probate attorney do?

A probate attorney is a legal professional who specializes in the area of probate law. The primary responsibilities of a probate attorney include guiding executors and personal representatives, assisting in overseeing the probate proceedings, preparing and filing necessary legal documents, and representing client interests in dispute resolution. Maida Law can help you through the probate process by offering trusted legal services every step of the way. Contact us today online or by phone (409) 234-0181.

How is an executor or personal representative chosen?

The deceased person usually names an executor in their will. If not, the court will appoint a personal representative, often a family member or close friend.

What are the duties and responsibilities of an executor?

An executor's duties include gathering and managing assets, paying debts and taxes, notifying beneficiaries, distributing assets according to the will, and fulfilling other legal obligations.

What happens if there is no will (intestacy)?

The estate is distributed according to state intestacy laws. Generally, assets are passed to surviving spouses, children, or other close relatives.

Can a family member or beneficiary challenge a will during probate?

Yes, family members or beneficiaries can challenge a will during probate by raising concerns about its validity, the deceased person's mental capacity, undue influence, or other legal issues.

What role does a probate court play in the process?

The probate court oversees the probate process, validates the will (if applicable), resolves disputes, ensures debts are paid, and approves the final distribution of assets.

How are debts and taxes handled during probate?

Debts and taxes are typically paid from the deceased person's estate before assets are distributed to beneficiaries. This may involve selling assets to cover liabilities.

Can an estate be distributed before probate is complete?

In some cases, certain assets can be distributed before probate is complete, especially if they are not subject to probate. However, significant distributions usually occur after the probate process is finalized.

How are disputes resolved during probate?

Disputes can be resolved through negotiation, mediation, or court proceedings, depending on the nature of the disagreement.

How are jointly-owned assets handled?

Assets with joint ownership or designated beneficiaries typically pass directly to the surviving owner or beneficiary and are not subject to probate.

What is the role of a guardian ad litem in probate?

A guardian ad litem may be appointed by the court to represent the interests of minor beneficiaries or individuals who lack the capacity to make decisions.

Can the terms of a will be changed after the probate process begins?

Generally, the terms of a will cannot be changed after the probate process begins. However, legal challenges or agreements among beneficiaries could potentially lead to modifications.

How are unique assets (such as business interests or intellectual property) handled in probate?

Unique assets are typically appraised, managed, and distributed as part of the probate process. If the deceased person had specific instructions or provisions in their will, those would be followed.

About Last Will and Testament Services

What is a last will and testament?

A last will and testament is a legal document that outlines a person's wishes regarding the distribution of their assets, personal belongings, and the care of minor children after their death.

How do I create a valid will?

To create a valid will, you typically need to meet specific legal requirements set by your jurisdiction. Generally, you need to be of sound mind, sign the will in the presence of witnesses who also sign, and clearly express your intentions for asset distribution. Our last will and testament attorneys can help you create a valid will that will bring you and your loved ones peace of mind. Contact us today online or by phone (409) 234-0181.

What should be included in my will?

A will should include details about how you want your assets to be distributed, the appointment of an executor to carry out your wishes, and if applicable, guardianship arrangements for minor children. It may also include funeral and burial preferences.

How do I choose an executor for my will?

Choose someone you trust and who is capable of managing your affairs. An executor's responsibilities include ensuring your wishes are carried out, managing your estate, and settling debts.

Can I change or update my will after it's created?

Yes, you can update your will through a codicil (an amendment) or by creating a new will. It's important to follow proper legal procedures to ensure the changes are valid.

What happens if I die without a will (interstate)?

If you die without a will, your assets will be distributed according to your jurisdiction's laws of intestate succession, which may not align with your wishes. The court will appoint an administrator to handle your estate.

How are assets distributed according to a will?

Assets are distributed based on your instructions in the will. Your appointed executor oversees the process and ensures your wishes are carried out.

Can I disinherit someone from my will?

Generally, you have the right to disinherit someone, but you should clearly state your intentions in your will to prevent potential legal challenges.

Can I include funeral and burial instructions in my will?

Yes, you can include funeral and burial instructions in your will, but it's advisable to share these preferences with your loved ones as well, as wills may not always be read immediately after death.

Can I leave money or assets to a charity in my will?

Yes, you can leave money or assets to a charity in your will. It's important to clearly identify the charity and specify the amount or assets you intend to leave.

How can I ensure my minor children are taken care of in my will?

You can designate a guardian for your minor children in your will. It's crucial to discuss this decision with the chosen guardian and ensure they are willing and able to take on this responsibility.

How do I revoke or cancel a will?

You can revoke a will by creating a new will that expressly revokes the previous one, or by physically destroying the existing will with the intention of revoking it. Additionally, marriage or divorce can also impact the validity of a will.

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