281-771-0560Heirship Determination Attorneys in Pearland, TX
Determining Heirship and Settling Estates
When someone dies with a valid will, the court is not required to determine heirship as the decedent has outlined their beneficiaries in the will. Probate is a complicated process where a deceased person’s estate is settled according to their will, but what happens when someone dies without one?
Disagreements are common when a person dies without outlining who their heirs are and how they would like their assets distributed. You don’t have the luxury of asking what they would have wanted, so a judge will be required to determine who gets what.
Find out how our probate attorneys can help with your probate matters and heirship proceedings. Call (281) 214-6541 to speak with a member of The Hatchett Law Firm.
When is Heirship Determination Necessary?
There are a few common circumstances that may lead to heirship proceedings.
Here are some you may encounter:
- There isn’t a valid will: When someone dies without a legally recognized will, the court must determine who the heirs of the estate are.
- Disputes: Conflicts arise when multiple potential heirs claim they have inheritance rights.
- Unclear family relationships: Cases with estranged relatives, blended families, adoptions, and common law spouses may require legal determination.
If you believe you are the rightful heir of an estate, you may have an uphill battle ahead of you. One of our estate planning attorneys can help guide you through this, and we will fight for a favorable outcome.
What Does the Heirship Determination Process Look Like?
This legal process requires you to file an Application in probate court. An attorney ad litem will be assigned to the case. This lawyer is responsible for investigating potential heirs and protecting unknown heirs.
The court will want evidence and testimony proving you are an heir. Documentation and sworn testimony from other people familiar with the deceased person’s family history will be collected and presented to the court. During a hearing, the judge will review the case and issue a ruling confirming the legal heirs.
Part of probate involves settling the decedent’s estate by using the estate’s assets to pay debts to creditors and taxes. Once heirship is determined, the remaining assets can be transferred to the heirs under Texas law after the payment of debts.
How Does Texas Law Affect Heirship Determination?
When there isn’t a will that outlines the decedent’s heirs, Texas intestate succession laws will determine who inherits assets, prioritizing surviving spouses and children. Parents, siblings, and extended family will be prioritized if the decedent doesn’t have any immediate family. In Texas, marital property is divided based on when it was acquired, before or during marriage.
When the probate court isn’t able to find any heirs, the assets may become the property of the state of Texas.
Why Should You Hire a Heirship Determination Lawyer?
The typical probate process is already a complicated affair. When a person dies without a will, it further complicates the process. Delays can be costly, and it can take longer to settle the decedent’s estate. In some cases, a rightful heir may be excluded from receiving anything from a loved one’s estate if notice of the proceeding was not provided. Estate planning attorneys help with all matters of probate.
Our firm can help you:
- Avoid making legal mistakes by ensuring all legal documents and procedures are properly handled.
- Expedite the process with expert legal guidance.
- Prevent disputes by using the legal system to ensure the rightful heirs receive their inheritance.
Are you going through the lengthy process of trying to prove to the court that you are the heir of an estate? Do you find yourself constantly fighting with other potential heirs? Are you a common-law spouse who wants your rightful share of the decedent’s estate?
Call (281) 214-6541 to find out how The Hatchett Law Firm can help ensure you and other heirs receive the inheritance to which you are rightfully entitled.