Practice Areas and Legal Definitions

Probate: 
Probate is the legal process of transferring property following a person's death.  Although probate customs and laws have changed over time, the purpose has remained much the same: an individual formalizes his or her intentions as to the transfer of his or her property at the time of death (typically through a will); his or her property is collected, certain debts are paid from the estate and the property is distributed accordingly.

Wills:
A will is a written instrument containing directions on how the assets and property of the testator (individual creating the will) shall be divided upon his or her death.  Wills can also contain instructions regarding the care of minor children, gifts to charity and formation of posthumous trusts.  In order for a will to be legally valid, the testator must sign the will in the presence of two witnesses and he or she must be mentally competent and not acting under duress or under the controlling influence of another.

Will Contest Litigation:
A will contest is a type of litigation that challenges the admission of a will to probate.  Issues that are likely to spur the contesting of a will include: 

• the testator lacked mental capacity, i.e. was senile, delusional or of unsound mind at the time the documents were created;
• the testator was subjected to fraud, coercion or undue influence during its creation and implementation;
• there are ambiguities in the document or
• the will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.

If the will is thrown out, the court, depending on state law and the specific facts and circumstances may disallow only the part of the will that was challenged; throw out the entire will, distributing the property as if the person died without a will or use the last previous will.

Probating Estates:
Estates are categorized as probate or non-probate property.  Probate property is property that is transferred by the provisions of a will.  Non-probate property is property that is either jointly held and passes by right of survivorship, is directed by beneficiary designation such as an IRA or a life insurance policy, or passes according to the terms of a trust.

Powers of Attorney:
Powers of attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person (the principal) to another (attorney-in-fact or agent).  When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and make legal decisions for the incapacitated person.  One of the ways to avoid government or court intervention and the appointment of a stranger to act as your guardian, is to use a power of attorney.  A power of attorney is a written document that can be limited in scope, or it can allow one person to give another the full power and authority to represent him or her.  There are two types of power of attorneys; one covering assets and one covering health care decisions.

Estate Litigation:
Estate litigation is a legal dispute usually initiated by someone who feels they did not receive all they were entitled to in a will.  Wills can be challenged if it is suspected that the will is not legally valid or if the person who was writing the will was wrongly influenced while creating it.

Conservatorship:
A conservatorship is a court order that a person deemed fully or partially incapable be subject to the legal control of another person.  The conservator is responsible for the assets and finances of an incapacitated person.  Many jurisdictions use the term "guardian of the person" to refer to the same legal principle.  It may be necessary to petition a court to appoint a conservator for persons:

• Who have physical or mental problems that prevent them from managing their own financial affairs;
• Who have no person already legally authorized to assume responsibility for them; and
• Where other kinds of assistance with financial management will not adequately protect them. 

Guardianship:
A guardianship is a legal relationship created by a court between a guardian and his ward, either a minor child or an incapacitated adult.  The guardian has a legal right and duty to care for the ward.  This may involve making personal decisions on his or her behalf, managing property or both.  Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity or disability.

Courts generally have the power to appoint a guardian for an individual in need of special protection.  There are different types of guardians that can be appointed.  A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian.  A person may also be appointed as a special guardian, having limited powers over the interests of the ward.  A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem.

If you or someone you know anywhere in Texas needs the assistance of an experienced College Station, Texas Probate Attorney, call Randy Michel today at 866-766-2630, or complete the contact form provided on this site to schedule your free consultation.

If you or someone you know anywhere in Texas needs the assistance of an experienced College Station, Texas Probate Attorney, call Randy Michel today at 866-766-2630 or complete the contact form provided on this site to schedule your free consultation.

FIRM ADDRESS:
Law Office of Randy Michel
232 Southwest Parkway East
College Station, TX 77840
Phone: 866-766-2630
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

Randy Michel

EDUCATION:

• University of Kentucky, JD, 1979
• University of Oklahoma, MS (Psychology), 1972
• Baylor University, BA (Psychology), 1971

JURISDICTIONS LICENSED IN:

• Licensed by the Commonwealth of Kentucky, 1980
• Licensed by the State of Texas, 1983.
• Licensed to practice in the U. S. Fifth Circuit Court of Appeals (New Orleans) (until 1999).
• Licensed to practice in the U. S. Sixth Circuit Court of Appeals (Cincinnati) (until 1999).
• Licensed to practice in the federal district courts in the Southern, Western, and Eastern Districts of Texas (until 1999).
• Licensed to practice in the federal district courts in the Western District of Kentucky (until 1999).

PROFESSIONAL MEMBERSHIPS:

• State Bar of Texas (Appellate, Family Law, Litigation, Real Estate & Probate Section memberships)
• Kentucky Bar Association
• National Association of Juvenile and Family Court Judges (1999 - 2006)
• Texas Association of County Court at Law Judges (1999 - 2006)
• Texas Bar Foundation, Fellow (1993 - 2000), Life Fellow (2001- present)

PROFESSIONAL ACTIVITIES:

• Brazos County Juvenile Board (Board member, 1999 - 2005)
• Lecturer, Blinn College, teaching American Government (2001 - 2005) (part-time)
• Appointed to serve on the District 8-A Grievance Committee which hears and decides matters involving allegations of ethical violations by attorneys (1997-2000).
• Appointed by the Supreme Court of Texas as Chief Disciplinary Counsel on behalf of the Commission on Lawyer Discipline to prosecute a disciplinary case against a Lufkin attorney in Angelina County, June, 1995.
• Brazos County Bar Association (President, 1996-97; President-Elect, 1995-96; 2nd Vice President, 1994-95; Secretary/Treasurer, 1993-94).
• Board of Directors, Brazos County Civil Legal Aid Referral, Inc. (1990 - 1995; Board Chair, 1994-1995).

AWARDS AND RECOGNITION:

• Awarded Air Force Commendation Medal (1975), and First Oak Leaf Cluster for heroism on the Arctic Circle, Alaska (1976).
• One of the first three recipients of the Brazos County Bar Association’s Pro Bono Award, June, 1990, in recognition of the hours spent serving the legal needs of the under-privileged without compensation.
• Recipient of the Barbara Weathers Walker (Bar Association’s) Pro Bono Award a second time, October, 1999 — the only lawyer in Brazos County to receive the award twice.
• Selection as a Fellow of the Texas Bar Foundation, 1993, “in recognition of those lawyers whose professional, public, and private career has demonstrated outstanding dedication to the welfare of the community, the traditions of the profession, and the maintenance and advancement of the objectives of the Texas Bar Foundation.”  Elected as a Life Fellow, 2001.
• Presented the Award of Merit by the State Bar of Texas for 1996-97, as President of Brazos County Bar Association, in recognition of the most outstanding Bar Association in Texas for Class II (membership size between 110 - 220 members).
• Selected as “Distinguished Volunteer Citizen,” by the African-American National Heritage Society, January, 2002.

BOARD CERTIFICATIONS:

• Civil Trial Law, Texas Board of Legal Specialization
• Civil Trial Law, National Board of Trial Advocacy