Probate law differs from state to state, however, in the state of Texas; probate law can be very simple if you have a properly drafted will.
A living trust can avoid probate. Living trust works because none of your assets will be left under your name at the time of death. If you leave no will and your heirs have differences, the probate of your estate can become a nightmare.
If you transfer everything you own to the trust, the distribution of your assets at death will be handled under trust law, instead of probate law. In the state of Texas however, most banks and other institutions will not release assets or funds to the heirs of the account owner, because they are afraid of being sued if someone lies to them about being an heir.
An order from a probate court will protect you from this liability. The Texas probate system is designed to help the rightful heirs obtain such an order as easily as possible, while still preventing fraud by impostors.
Probate horror stories may occur if you do not have a properly drafted will or trust. This can make the process of distributing your assets long and costly. Setting up a living trust to avoid these issues will prevent your estate from suffering the expense and delay of the worst horror stories come to life.
For more information, contact the McAllen probate lawyers by calling the offices of Barrera, Sanchez & Associates, P.C. at 956-287-7555.