281-771-0560Probate Attorneys in Houston, TX
Probate Attorneys in Houston Preventing Costly Probate Headaches
Studies show that the average American considers a will for the first time in their late 50s. To add to this, only 33 percent of Americans have an estate plan. Even though most reasonable adults believe estate planning is important, most don’t take action on it. Perhaps there’s just not enough education to convince the public that estate planning is not as unpleasant or difficult as they believe. We’re here to change that and make the planning experience easier, so that more people and families can be managed safely.
Do-it-yourself and internet wills are becoming quite problematic as they are often completed incorrectly. In fact, accusations of fraud are on the rise. When wills or estate plans are unclear and not legally sound, the probate court cannot approve the will, and intentions and goals might not be fulfilled.
Our probate attorneys take an exceptionally diligent and proactive approach to help you identify the best asset protection strategies and litigate serious probate matters down the road for your simple or complex estate. In addition, we explore all possible avenues when litigating probate disputes that threaten to impede your rights.
Because the attorney-client relationship is at the very center of what we do and why we do it, our seasoned probate attorneys with The Hatchett Law Firm will step in and help you:
- Better understanding of the probate process
- Better knowledge of estate plans and how they fit within the probate process
- Litigate difficult probate disputes like a will contest and guardianship disputes
What is Probate?
Probate is a legal process involved in settling a deceased person’s estate. An estate is made up of money, property, and other assets. Assets are considered bank accounts, investments, retirement savings, real estate, artwork, jewelry, businesses, royalties, leases, collections, firearms, notes receivable, household furnishings, vehicles, tools and equipment, boats, electronics, and any other property owned prior to death. A Will that is probated informs family members, third parties, and the court who inherits what.
What’s important to note is that a will alone only distributes assets upon death and requires the probate process for authentication. A poorly written will may add time and cost to the overall probate process. In that case, your intended beneficiaries may not have access to the assets covered in your will. This can lead to additional expense and hardship.
During the probate process, death and grief can spark a range of emotions as they relate to the management and distribution of a deceased person’s estate. Naturally, this can cause legal disputes between family members, executors, heirs, or beneficiaries. Often, the people involved have questions about final wishes, how a will or trust was written, and many other concerns. Legal disputes will need to be settled in probate court before assets can be distributed. Legal fees can mount up and eat away at your family’s inheritance. That’s not what you want.
This scenario alone encourages proper asset protection planning, and our probate attorneys can help. The probate process is always easier when there’s a well-written will as part of an estate plan, leaving little room for confusion or interpretation among internal family members and the probate court.
The fewer grey areas, the better for everyone (legal or not) involved. As probate litigation attorneys, we can speak to this from firsthand experience. We will use that experience to accelerate the probate process for your estate and your family.
What Happens When an Estate Goes Through Probate Without a Will?
Most estates go through probate, with or without a will. When someone dies intestate, that is, without a will, their estate will be distributed according to Texas “intestate succession” laws. Because the decedent died without a will, they won’t have an executor to handle their estate administration. The probate court will need to appoint an executor to handle the affairs of the decedent’s estate. The appointed administrator will need to inventory the deceased person’s assets, pay debts owed on the estate, and distribute the remaining assets according to Texas intestate succession laws.
Intestate succession prioritizes the decedent’s close relatives to serve as the administrator. If the deceased was married, their spouse would likely inherit a substantial portion of the estate. When there is no spouse or children, the assets then pass to parents, siblings, and eventually distant relatives. If no heirs can be located, then the estate may become the property of the state.
Probate cases without a will can cause significant delays and legal disputes. Family members may disagree on who should administer the estate, who should receive what, and what they believe the decedent’s final wishes would have been.
Comprehensive estate planning is like creating an instruction manual that your family can follow after you pass away. It can help them avoid costly disputes and get your assets into their hands faster. Our law firm will guide you through the estate planning process while showing you how you can minimize the impact of probate on your family.
What is the Role of an Administrator in an Intestate Estate?
The legal duties involved with the administration of an estate are already complicated, and that is doubly so when someone dies intestate. When someone dies without a will, the court will appoint an administrator, usually a close relative or someone the heirs of their estate can agree on, to handle the legal matters of the estate.
The administrator’s first line of business is locating and valuing the decedent’s assets, which can include real estate, bank accounts, personal property, and investment portfolios. They will also need to locate any debts owed by the estate, like credit card bills, mortgages, and medical expenses. They will then pay the debts owed by the estate.
The administrator will then need to distribute the remaining assets to the decedent’s heirs according to Texas intestate succession laws.
The administrator has a fiduciary duty to do what is best for the decedent and their estate. This process is difficult and time-consuming, and without a will, it can feel overwhelming. We have a proven track record of helping with the execution of an intestate estate, and we can help you with any legal problems that may arise.
How Do You Avoid Probate?
For many of us, passing money, property, or other valuable assets down to our children or family members is the dream. The end goal is to make life a little easier for the people we love and care about with the wealth you worked hard to earn.
To be clear, Texas probate laws are the simplest in the nation. There should be no concern about facing probate if you have done proper estate planning and your executor has hired a competent lawyer to assist them, such as the lawyers at The Hatchett Law Firm.
However, all the buzz on social media is suggesting that you should be afraid of probate and avoid it by having a trust. However, the cost of trust planning is often more than the cost of probate.
To keep your estate out of probate and get it into the hands of the people who matter most requires upfront planning and the right protection strategies, including the following considerations:
- Living trust: The most straightforward and proven way to avoid probate is with a living trust. A living trust puts your assets and property in a safe, secure, and private third-party platform. A trustee manages and exchanges money or property through the trust, which removes the need for probate altogether. With a living trust, you can be the trustor (creator of the trust), the trustee, and a beneficiary all at once. HOWEVER, living trusts are usually not practical or necessary for 90 percent or more of Texas probate estates due to secrecy and lack of oversight of trusts, and lack of accountability of trustees.
- Name beneficiaries on your other accounts: Not all assets have to go through a trust. When you name beneficiaries on your bank account, stocks, retirement accounts, insurance policies, and pension, these are payable to the beneficiary or beneficiaries upon your death without going through probate. This is a straightforward, cost-free option that streamlines the process of distributing assets to your loved ones.
Whether your estate is simple and straightforward or more complex with layers, The Hatchett Law Firm has solutions for everyone. Contact us to find out how estate planning can benefit you and your future generations.
When Should You Consider Probate Litigation?
When a loved one’s death results in a legal dispute, it is important to consider probate litigation. Probate litigation occurs when an individual raises questions or challenges related to a deceased person’s will, trust, or estate. It can also involve disputes between heirs and executors, trustees, guardians of minors or incapacitated persons, conservatorship, and fiduciaries.
In most cases involving probate litigation, individuals are concerned with financial matters such as inheritance rights, taxes owed on the estate’s assets, debts incurred by the deceased prior to their death, and decisions made by the executor regarding how those assets are distributed.
You should consider litigation if a conflict continues to gain steam with no resolution in sight. The sooner you turn to The Hatchett Law Firm to handle your case, the sooner your conflict can be resolved. We have years of experience litigating the trickiest probate cases.
Our experience provides us with a unique perspective and shapes our cutting-edge litigation strategies. We will stop at nothing to protect you and your estate in court. Let us help you put an end to your probate dispute and provide you with a means to move forward.
How Can a Houston Probate Lawyer Protect Your Future?
A probate attorney will be instrumental in helping you protect your family’s future and security while litigating serious probate disputes when needed. We will represent your estate in court and work toward an effective resolution.
The Hatchett Law Firm is trained to get involved in several ways to plan and settle your estate alongside the Executor and beneficiaries in your absence, in adherence to Houston probate law.
Count on us for strategic counsel during litigation should probate issues arise. Call 281-771-0560 today to speak with a member of our team to determine if our firm is a good fit to handle your concerns.