Winborne LaFleur PC attorney Joseph "Jody" LaFleur obtained an award for both a family allowance and an allowance in lieu of exempt property in a hotly contested probate case.  This award of $25,500.00 provided great relief to a widow against a decedent's greedy adult children.

In the midst of a contested probate matter, securing family allowances and allowances in lieu of
exempt property can be critical for the surviving family members. Texas Law provides these
protections to ensure that a surviving spouse, minor children, and other dependent family
members have access to financial support and essential property while the estate is being settled.
If you are facing a probate dispute, obtaining these allowances can help alleviate immediate
financial concerns while protecting your rights during the legal process. Our experienced staff at
Winborne LaFleur can guide you through this process to secure the benefits you are entitled to
under the law.
Family allowances are designed to provide necessary living expenses for the surviving spouse
and dependent family members during the probate process. This allowance is intended to cover
essential needs, such as housing, food, and basing living costs. The court will consider the
family's financial situation, the estate's value, and the standard of living prior to the decedent's
passing to determine an appropriate allowance. Even if the will is being contested, this provision
ensures that families are not left without support during the legal proceedings.
In addition to family allowances, the Texas probate code also allows for allowances in lieu of
exempt property. Exempt property refers to certain items, such as household goods, vehicles, and
personal belongings that are protected from creditors and distributed directly to the surviving
family members. However, if these items are not available or have been sold, the court may
award an allowance in lieu of exempt property, providing monetary compensation to cover the
value of these assets. This ensures that the family is not deprived of essential property or its
equivalent value during the probate process.
If you have recently lost a spouse, or are otherwise a dependent, who is struggling to navigate the
probate process in order to secure allowances that would help alleviate some of the financial
burden you are now facing, our skilled probate attorneys are here to help. We understand the
emotional and financial toll that probate disputes can have on a family, and we are committed to
advocating for your rights and ensuring that your family receives the support and protections
they need. Contact our office today to schedule a consultation and learn how we can assist you
during this difficult time.