In Texas, everything is bigger– and family disputes are no exception. A loved one’s death holds the power to cause tears and arguments, the perfect concoction for disarray. Family members engage in squabbling over who keeps the luxury car, estate, money in the bank, etc. Leaving an ironclad will with strict specifications will ensure the proper distribution of your assets and personal belongings, leaving no room for disputes in the event a family member chooses to contest a will, called probate litigation. A Texas judge in your county will intervene to resolve any familial issues, implementing steps as listed in the Texas Probate Code to initiate the process. Seek the legal counsel of a highly skilled probate attorney during this time.
One Step at a Time
The Texas probate process commences with filing an application that informs the court of a family member’s death. The Texas Court will then hold a hearing to recognize the death and follow the Code’s steps. The first step is determining whether or not a will is valid or invalid. Once the will is proven to be valid by the Court, it will allow the appointed executor of the will to begin distributing assets to existing beneficiaries. The Court will then order any property listed in the will reported for acknowledgment purposes, so that everything is considered and distributed accordingly. If money is indebted to creditors at the time of distribution, it should be paid to avoid any legal problems.
The Court takes responsibility for distributing assets listed in the estate if there is no will left behind by the deceased person. Courts determine the heirs and assets are administered according to the judge’s requests. The spouse and children are the first to be recognized; however, in the event the deceased person had no immediate family, then parents and siblings are recognized.
It is paramount that you formulate a will now, and that you encourage other family members to do so as well. Preparation is crucial. Greed is a driving force and no one is the exception, therefore, protect your assets from landing in the wrong hands with a legitimate will that dictates specific directions and distribution plans.
To create a will or for legal support during litigation, contact the probate attorneys in McAllen of Barrera, Sanchez & Assoc., P.C. at (956) 287-7555.