Probate Litigation and Intestacy

It is unfortunately not uncommon for a Texas resident to die without a will. The legal term for this scenario is intestacy. Without a will in place, the state is granted control to determine the distribution of property.

When the state of Texas takes the reigns for those who die without a will, the rules are rigid. In certain cases, a beneficiary may not receive their fair share of the assets. Hiring a probate litigation and intestacy attorney may be the only way to stop the state from misappropriating the property of your loved one.

Your Texas Probate Attorneys, Attorneys at Law will take the time to explain the rules that relate to intestacy and property distribution. When a person passes without a will, the state will make plans for them. Take the time to speak with an attorney experienced with probate litigation and don’t allow the state to make choices for your family.

Understanding Probate in Texas

Probate is a legal procedure necessary when someone in Texas passes away, leaving a will behind. This process ensures that the deceased person’s final wishes are honored and their assets are distributed according to their will.

Why Probate is Necessary

1. Validation of the Will: Probate confirms that the will is valid and reflects the true intentions of the deceased. This step is crucial for preventing potential disputes among heirs and other interested parties.

2. Debt Settlement: It also ensures that any outstanding debts or liabilities are settled. Creditors are identified and paid, preserving the integrity of the distribution process.

3. Asset Distribution: Probate oversees the allocation of the deceased’s property, ensuring that it aligns with their final wishes and complies with Texas law.

The Process of Probate

Embarking on probate involves navigating a significant amount of paperwork and often requires time in court. This can be a complex process, fraught with legal intricacies that may affect beneficiaries.

The Role of a Probate Attorney

A skilled probate attorney can be invaluable in guiding you through this process. They help manage the necessary documentation, provide legal advice, and work to minimize court costs. By doing so, they can help protect the beneficiaries’ rights and ensure they receive what they are entitled to.

Navigating probate effectively ensures that the transition of assets is smooth and as intended, honoring the legacy of the deceased while maintaining legal compliance.

Contesting a Will

The details of a will can have lasting effects for everyone involved, and not always in a positive manner. Family members can contest a will for a variety of reasons:

• Undue influence. Outside pressure from an interested party may have influenced the will’s creator and prompted favoritism.
• Fraud. A will created and signed by someone other than the testator is a fraudulent will. Only the testator – the person assigning their assets – can generate and sign the will.
• Signed improperly. A detail-oriented probate attorney will carefully review a will for mistakes before it is finalized. Missed signatures can be a reason for contesting a will.
• Capacity. Illness like Alzheimer’s disease or unexpected severe injuries may reduce the capacity for creating a lawful will and may be reason question the validity of the will’s statements.

If you are considering taking the steps to contest a will, start by contacting Your Texas Probate Attorneys. The firm has helped families contest wills for all the reasons listed. When a family member or loved one dies in Texas, the person’s estate should be lawfully distributed by a will free of fraud and discrepancy.

Get Help from Probate Litigation Lawyers

Probate litigation can involve contesting a will, trust, or probate proceeding. Hiring an experienced attorney to enforce your legal rights through probate litigation may be the only recourse for upholding the wishes of your loved one.

Probate litigation can occur for any of the following probate scenarios:

• Forgery of signatures
• Invalid will
• Improper asset categorization
• Undue influence on testator
• Fiduciary negligence
• Determining heirship

To shield an estate from the probate process before death, there are several strategic steps one can take:

1. Joint Tenancy Arrangements

Establishing a joint tenancy allows you to share the ownership of property with another person. Upon your passing, your share of the property automatically transfers to the surviving owner, bypassing the need for probate.

2. Creating a Living Trust

A living trust involves transferring your assets into a trust managed for your benefit while you’re alive. You can continue to control these assets, and upon your death, the successor trustee distributes them according to your wishes without involving probate courts.

3. Beneficiary Designations

Ensure all accounts that allow for a designated beneficiary—such as retirement accounts and life insurance policies—are updated with the correct beneficiary details. This allows the assets to pass directly to beneficiaries without probate involvement.

4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Designations

For bank accounts and certain securities, setting up POD and TOD designations can be an effective strategy. It ensures that upon your death, the specified assets are transferred directly to the named beneficiaries.

5. Gift Assets Early

Consider gifting parts of your estate while you are still alive. Not only does this reduce the size of the estate subject to probate, but it also lets you see your loved ones enjoy their inheritance.

Incorporating these strategies can significantly simplify the process for your heirs and minimize the costs and delays associated with probate.

How Can a Probate Attorney Assist Beneficiaries in the Probate Process to Avoid Losing Assets or Property?

Navigating the probate process can be a daunting task for beneficiaries who are unfamiliar with legal proceedings. A probate attorney plays a crucial role in ensuring that the wishes outlined in a will are honored, and beneficiaries receive their rightful inheritance without unnecessary loss.

Experience in Legal Procedures

A probate attorney possesses specialized knowledge of the complex legal procedures involved in the probate process. They ensure all necessary documents are correctly filed and deadlines met, minimizing the risk of costly errors.

Protection Against Legal Pitfalls

The probate process can involve numerous legal intricacies, from asset valuation to debt settlement. Without professional guidance, beneficiaries may unknowingly forfeit some of their inheritance to cover court fees or debt obligations. An attorney helps safeguard against such pitfalls by ensuring all requirements are properly managed.

Effective Communication with the Court

Court interactions can be challenging. An experienced probate attorney serves as a liaison between the beneficiaries and the legal system. They streamline communication and represent the beneficiaries’ interests, advocating for a fair distribution of the estate.

Minimizing Court Costs and Delays

Probate proceedings can be time-consuming and expensive. A skilled attorney works to expedite the process, reducing the duration and associated costs. By efficiently handling the legalities, they help prevent excessive spending from chipping away at the beneficiaries’ share.

Ensuring Fair Asset Distribution

Ultimately, a probate attorney ensures assets are distributed as the deceased intended. They provide clarity and certainty, reducing disputes that may arise among beneficiaries, thus preserving family harmony.

In summary, a probate attorney is an invaluable ally in navigating the estate settlement journey, offering essential expertise and support to safeguard the interests and inheritances of beneficiaries.

To discuss your probate issue, please call Your Texas Probate Attorneys, Attorneys at Law at (346) 384-8768 in Houston and (817) 532-6797 in Fort Worth or complete the online contact form.