Following one’s death, the probate process begins to determine what becomes of that person’s property. Property can include the following and more:
- Real estate (businesses, homes, land)
- Family heirlooms
- Stocks and investments
- Bank accounts
Before a beneficiary can claim any property, a probate court will first consider any outstanding debts and ensure that an executor can manage and distribute said property accordingly.
The Process
Probate can be a smooth transition if a last will and testament were prepared in advance. Wills can prevent family disputes or a court deciding what will happen to the deceased’s belongings. A will can also list specifications regarding guardianship of children, organ donation wishes, and medical directives.
Our probate lawyers can draft wills and other estate planning documents:
- Trusts
- Powers of attorney
- Directives to physicians
- Medical powers of attorney
- Guardianship designations
Possible Issues
One problem that can come up in probate involves a person passing without having drafted a will, known legally as intestate. Although there are standard rules a court follows when deciding who receives what, without a will, creditors, outside parties, and family members can contest the will.
Don’t leave your estate plan up to chance during the probate process. We are highly experienced in contested probate cases and can protect property when complications arise, such as someone passing without having drafted a will (which can lead to infighting within families) or when two competing wills exist.
Contact Our McAllen Probate Lawyers Today!
Keep in mind that a will must meet state requirements and be valid and flexible. This means it must lack loopholes that any outside parties can exploit. Know that our McAllen probate lawyers are familiar with drafting secure wills and outlining the exact specifications of each client’s needs. Ensure that your will has been taken care of by contacting us today.
