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Imagine you’re handling a loved one’s estate after they passed away. However, you aren’t a lawyer and lack knowledge of probate law.
Without proper legal guidance, you can lose much of the estate’s value in estate taxes, legal fees, and much more. Losing money unnecessarily in probate court on top of losing a family member… It’s too much to think about.
But there’s good news. A Houston probate lawyer can assist with estate planning and handling the estate after someone passes away. Our attorneys have years of experience in probate law and can help you.
A probate lawyer can help a will’s executor or estate beneficiaries to get the estate through the probate process.
Probate is the court-supervised process in Texas that ensues when a person dies. The probate court oversees the settling of the deceased person’s estate, ensuring all creditors are paid, estate taxes owed are paid according to tax law, and the estate’s beneficiaries receive the remaining estate assets.
Probate can be a long, pricey, public road for family members and heirs. The good news is that with knowledgeable legal counsel, the process will be much smoother and even faster in some cases.
Some of the things our Houston probate lawyers do include:
Probate lawyers also do other critical things regarding your or a loved one’s estate. Let’s discuss some of the most common reasons people need a probate and estate administration lawyer.
Handling probate and estate administration involves many complex legal questions related to document filing, transferring property, property valuation, and sometimes will contests. Your attorney will help the estate’s executor and beneficiaries the entire time during probate.
Your attorney can help avoid legal disputes between beneficiaries. In addition, the attorney will review the entire estate plan to minimize the chances of conflicts.
Some beneficiaries may claim assets in the estate without the proper legal process. It’s challenging when a beneficiary claims the deceased left them assets or property not described in the estate plan’s legal documents.
The estate executor and beneficiaries are part of the legal probate process. So, it’s understandable that legal questions will arise. Your attorney will provide extensive probate services so the process goes smoothly and all questions are answered.
Not everyone needs a probate lawyer, but many do. Whether you need an attorney to settle an estate depends on many things. Some of the factors to consider if you need to hire a probate attorney are:
If the person who passed away only had a will, you’ll need to go through the Texas probate process. The next thing to consider is how complex the estate is, which will dictate how challenging the probate matter is. The more complicated the estate, the more appealing it is to hire a probate attorney.
Remember that many things can go wrong in probate matters if a skilled attorney doesn’t represent you. You can also spend many hours trying to handle probate, preventing you from taking care of your work and family obligations. Sometimes, it’s best to bring in an experienced probate attorney who regularly handles cases like yours.
Facing probate court and not sure what to do? The Houston probate lawyers at Titus Law Firm can assist you with probation litigation, estate litigation, and inheritance disputes. Please contact us today so we can help you with the probate administration process.
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No, all Texas estates do not necessarily have to go through probate. Texas law says that an estate that’s valued at less than $75,000 may be eligible for a small estate affidavit. This means that assets may be able to pass directly to beneficiaries.
There are some assets that do not have to go through probate and can be transferred to the estate’s heirs immediately. These include:
There’s no set time frame for how long probate will take for any given estate, but in most cases, it takes several months—if not longer—for the process to finalize.
Some factors that may lengthen the time it takes to finish probate include:
