Probate Real Estate Attorneys in Houston Securing Your Family’s Future
Real estate probate is a legally-supervised procedure in which a deceased person’s estate is settled after his or her death. In this case, it’s specific to real estate property.
The probate process can tie up real estate for months, sometimes years, when there’s no will in place or a will is unclear. Factors such as the number of heirs, tax or debt issues, and contested details can add to the complexity, time, and cost, too.
To put this into perspective, the average cost of probate, from start to finish, is nearly $13,000 for legal proceedings. It can be a drain on financial resources and time. Avoiding the probate process is certainly the goal and is in your family’s best interest.
Our team of probate real estate lawyers takes a diligent approach to help you identify the best legal asset protection strategies to protect your family from any hassles.
If you need support in working through a current real estate probate situation or need guidance on the real estate probate process, book a consultation with our skilled probate real estate lawyers today: 281-214-6541
Can I Protect my Property with a Will?
While a will is a helpful legal document in protecting your assets, as a standalone tool, it will not prevent your property or estate from going through the probate process.
The court must authenticate a will in order to disseminate money, property, and personal belongings. This includes real estate. How lengthy and costly the probate process will be is dependent on the will, the lack of a will, the complexity of the estate, and any family disputes or other complications that might make distribution challenging.
Probate with a will, especially when it’s clear and legally sound, can be easier and quicker. The court will determine if the will is valid and authentic, and if there is an Executor, this person will distribute the assets and property as designated by the will.
Probate without a will is trickier, especially for family members who might be entitled to real estate property or any assets. Without a will and executor, there’s no clear way for the court to distribute real estate property or other assets.
If your loved one died without a will, all is not lost. Our probate lawyers might have a solution that can help. You can file an affidavit of heirship if you are the legal heir to the decedent, and the court will decide through a review and approval process if you have legal rights to your loved one’s assets.
Talk with our probate lawyers about wills, estate plans, or an affidavit of heirship today: 281-214-6541.
How Does the Real Estate Probate Process Work?
How real estate is handled in probate will depend on the clarity of your will, as all wills must go through the probate process first. This is why estate planning is key to preventing and avoiding probate, as you can use a trust to privately exchange your real estate property and assets without going through probate.
The decedent, during the estate planning process, designates an Executor. The estate executor, upon the decedent’s death or incapacitation, will execute the estate plan. The estate executor will disseminate any investment properties to an heir or will sell the property or properties in an heir’s absence.
In the latter scenario, the executor will coordinate the home to be sold. Family members might get involved in the purging or selling of personal belongings to prep the home for sale, while the executor will engage a real estate agent to appraise the home, list and market it, and facilitate the sales process through to close. All of these processes will be overseen by the probate court, unless the property is held jointly, has a designated beneficiary, or is jointly owned
A probate attorney with The Hatchett Law Firm, PLLC can defend you in estate litigation and real estate disputes.
How Can I Avoid the Real Estate Probate Process?
The probate process can last anywhere from six months to one or two years. Sometimes longer. You can save your family time, extra heartache, and money by putting your assets, including your real estate investments and properties, into a trust.
A trust is a private exchange and platform in which a trustee can preserve, manage and distribute assets according to the decedent’s wishes when a person is living and/or becomes incapacitated or upon death. It does not require the probate process.
Alternatively, owning a property with a surviving person in joint ownership will ensure your property is passed on to this person.
Our probate real estate lawyers can help you mitigate legal issues like this down the road by helping you put an estate plan together with a will, trust, and other pertinent legal documents that protect your assets and your real estate investments and properties.
If you need guidance on creating an effective trust or might benefit from legal support to help with a current probate real estate process or dispute, take advantage of our free consultation and speak with our legal professionals today: 281-214-6541.
What Can a Probate Real Estate Lawyer Help With?
Our probate attorneys can help you mitigate risk through effective asset planning strategies, and we’re also a reactive resource when unexpected situations like conflicts and disputes arise and demand probate and litigation.
A probate attorney who understands Texas probate law will be instrumental in helping you navigate the system and plan appropriately to protect your family’s future and security related to assets and real estate property.
We handle probate lawsuits with finesse and take great care in protecting beneficiaries and heirs of wills and trusts to ensure they receive the property and assets they’re promised.
Our probate attorneys can help you with real estate planning, as part of your estate planning documents, with suggested steps to prevent real estate and other estate issues. Use an initial consultation with a probate lawyer at The Hatchett Law Firm, PLLC to get your questions and concerns answered: 281-214-6541.