Houston, TX Probate Lawyer

If you’ve recently lost a loved one, we express our deepest sympathies to you in this difficult time. Grieving is a process, and everyone experiences it differently. However, if you are grieving and also dealing with the burdensome issues of probate, that pain and stress can all be amplified. 

Probate is a complex and often irritating legal process that requires a court to decide who the assets that were left behind by the deceased person are to be given to. Even if your loved one has a will in place, the state of Texas must ensure the validity of the will before making any judgements. This can often take months to be resolved, and deplete’s your loved one’s wealth with all of the expensive court fees. By reaching out for the help of our experienced Houston probate lawyer, you can be in a much better position to receive the assets you are entitled to and leave much less time in between for will contests or other disputes. The Villegas Law Firm offers free consultations, and is dedicated to high-quality legal service that gives clients peace in the storm.

Steps Of Probate

If you are named as the representative of the estate in question, there is a heavy set of responsibilities that will fall on your shoulders. On top of endless forms, paperwork, and deadlines you will have to worry about, you may also have to do a number of other things that can be an inconvenience to your daily life. First, you have to submit the will (if there was one), death certificate, and a petition to open a probate case to the court.

Next, you will submit formal notices to the public, creditors, and beneficiaries, and then collect and care for the assets until probate is closed. You will also have to settle creditor claims and outstanding debts, as well as file tax returns and pay any required taxes. 

These are just some of the steps of the “normal” Texas probate process, but it is easy to see how complicated and expensive probate can be. What makes probate even more problematic is when difficulties – such as intestate assets or will contests – arise. Letting a knowledgeable probate lawyer handle your case ensures that complicated issues such as these do not stand in the way of resolving your probate case.

Intestate Succession

When someone dies without a will in place that details how their assets should be divided once they’re gone, the assets are known as intestate. There is a specific set of laws for who should get the inheritance if various conditions are met. These laws vary by state, but these are some examples of intestate succession in Texas:

• If the person had children, but no spouse, then the children inherit everything
• If the person had a spouse, but no children, parents, or siblings, then the spouse gets everything
• If the person had siblings, but no spouse, children, or parents, then the siblings get everything
• If the person has surviving parents, but no children, siblings, or spouse, then the parents get everything

These laws of succession are a part of the probate process, but issues can arise if family members, spouses, or children begin to have disputes over who should get what. For example, someone could claim that their loved one verbally expressed to them that they should have a certain family heirloom once they pass, but the laws of intestate succession do not allow them to obtain it. This is why having an aggressive Houston probate lawyer on your side could be the factor that gives you the best outcome.

Will Contests

Probate alone can take months to be resolved in court, but can be further prolonged if there are contests to the will. Individuals who contest a will – known as contestants – might be a spouse, child, sibling, or any other person who was disinherited or believes they are entitled to certain property and assets. These types of family disputes can be destructive and ruin family relationships. A will contest may leave you in a position to pay even more court fees and be denied the assets that should go to you for a longer period of time.

Why You Need A Houston Probate Lawyer

There are so many roadblocks that can arise during the long and exhausting probate process, which is why the aid of an experienced attorney can be so crucial to the speed and ease of your experience. Our lead attorney, Jorge Villegas, is also a Certified Public Accountant, and he can give you an additional advantage when it comes to the financial elements of probate. By calling today to schedule your free consultation, you can get reliable legal guidance that walks you through the steps to a successful resolution.