Serving Travis & Williamson Counties

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Estate Survival Actions

Austin Wrongful Death Attorney

Navigating the complex intersection of Probate and Litigation to secure justice for Travis County families.

"A wrongful death case isn't just a lawsuit. It's a mission to protect the legacy of the person you lost. We handle the complex probate hurdles so you can focus on healing your family - Kyle Robbins, Esq."

The Intersection of Probate and Wrongful Death

Many Austin families are surprised to learn that they cannot simply sign a settlement check after a fatal accident. If the deceased had assets or if a "Survival Action" is filed, the Travis County Probate Court must be involved. We provide the structural legal support required for these claims:

  • Opening the Estate: We petition the court to open a probate administration so a legal representative can be authorized to sign documents and litigate on behalf of the deceased.
  • Letters of Administration: Securing the "Letters" that insurance companies and courts require before they will discuss settlement terms or pay out claims.
  • Survival Action Management: Protecting the estate’s right to recover for the deceased’s pain and suffering, medical expenses, and funeral costs.
  • Settlement Distribution: Ensuring that once a recovery is made, the funds are distributed correctly among heirs and beneficiaries according to the Texas Estates Code.

Our Wrongful Death Probate Toolbox

At Robbins Estate Law, we work alongside personal injury trial lawyers to provide the technical probate expertise needed to win:

  • Heirship Determination: Formally establishing the legal "Statutory Beneficiaries" in Travis County to ensure the right people are included in the recovery.
  • Minor & Ad Litem Coordination: If children are involved in the settlement, we manage the creation of Section 1301 Management Trusts to protect their inheritance until they reach adulthood.
  • Lien Resolution: Negotiating with creditors and medical providers to ensure the maximum amount of the settlement stays with the family.
  • Court Approval of Settlements: Navigating the specific requirements of Austin probate judges to get settlements approved quickly and without unnecessary delays.

 

 

 

Case Study

The "Interstate" Recovery

The Situation: A North Austin resident was killed in a major trucking accident. Because he died without a Will, his grieving widow could not legally authorize the lawsuit or access the evidence needed for the case.

The Solution: We accelerated an Independent Administration in the Travis County Probate Court. We secured the widow's appointment as Administratrix within weeks, giving her the legal standing to pursue the wrongful death and survival claims.

The Result: With the probate hurdles cleared, the litigation moved forward. We successfully managed the eventual multi-million dollar settlement through the probate court, ensuring all heirs were protected and the widow had the financial security she needed.

Common Questions (FAQ)

While a wrongful death claim compensates the family for their loss, a survival action allows the deceased’s estate to recover for the damages the deceased suffered before they passed, such as physical pain and medical bills. These funds technically belong to the estate and must pass through probate.

In almost every case involving a survival action or a deceased person with other assets, yes. Most defendants and insurance companies in Travis County will not issue a payment until a probate court has appointed a legal representative for the estate.

Under the Texas Wrongful Death Act, only the surviving spouse, children, and parents of the deceased are entitled to file. If none of these individuals take action within three months of the death, the executor or administrator of the estate must file the claim.

In most cases, you have two years from the date of the death to file a claim. However, the probate process should begin much sooner to ensure the legal representative has the authority to gather evidence and meet court deadlines.

Wrongful death damages are usually split based on the actual losses suffered by each family member. Survival action damages, however, are distributed according to the deceased’s Will or, if there is no Will, according to Texas Intestacy Law.

We are proud to have served thousands of families across Texas. Our Austin office currently maintains a 4.9-star rating based on 127 Google reviews from clients we have assisted with probate, guardianship, will contest, breach of fiduciary duty, and estate litigation.

Protect Your Assets

Schedule a confidential strategy session with our Austin team.

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Kyle Robbins

Attorney Review

We don't just manage files.  We protect families during their hardest moments. Let us handle the court so you can honor their memory. 

- Kyle Robbins, Esq.

Don't Let Legal Technicalities Block Your Justice.

Without the proper probate authority, even the strongest wrongful death case can be dismissed. Act now to secure your legal standing.
(512) 851-1248