Probate and Wills
Wills
Our legal team can help you draw a will to ensure your property goes to your designated beneficiaries when you pass on. While this approach to estate planning does not avoid estate taxes or the probate process, it will provide a guideline for your family and the courts when distributing your assets.
Probate Administration
If there is a valid will in place, an uncontested probate process will typically include admitting it to the court and distributing assets according to the decedent’s wishes. If no will exists, Texas intestacy laws will determine which heirs inherit the remaining estate. To help facilitate this process, an executor gets appointed according to the will or the court, and this individual will complete the probate process to distribute the estate.
Will Contests
It is not uncommon for the sudden death of a loved one to cause a contested probate process. It may be that your loved one was subjected to undue influence by another individual, or there is reason to believe fraud is involved, or there was not an estate plan in place. Pursuing litigation with a probate attorney is sometimes necessary to protect the rights of surviving family members.
Contested Probate Matters
In probate proceedings without a will, a contested heirship proceeding may be necessary to determine who qualifies as a rightful heir under Texas intestate succession laws. These actions could include proving the paternity of an heir or invoking a special to adjudicate rights when heirs are truly unknown.
There are many reasons to contest a probate proceeding where no will is present. Our legal team can help you navigate your contested probate matter with the upmost respect during this difficult time for you and your family.