San Antonio Probate Attorney

Helping Grieving Families Through the Probate Process

Following the death of a loved one, grieving families in Texas may be required to go through probate court proceedings. Probate court is the place where you can settle inheritance issues and prove that a Will is valid. The probate process is filled with terms that are not familiar to most people. A San Antonio probate lawyer can provide legal guidance regarding the probate process and help families get their loved one’s property settled so they can move forward with their lives.

Probate is necessary when an individual has passed away and left behind any assets or property that require legal processing for proper transfer into new ownership. This means that if you have a loved one who owns real estate, vehicles, business interests, bank accounts, investments, or even particular types of personal property, then these items will need to be legally transferred into the name of the person who inherits them. People often assume that a surviving spouse will automatically be entitled to the house and bank accounts of the other spouse, but nothing is automatic. Probate is also necessary if the person who died had a life insurance policy with no named beneficiary or if there was a wrongful death lawsuit because of the circumstances of the death. Even when a person has a living trust, sometimes they fail to put all their property into the trust name as owner, and those items left out of the trust must go through probate.

A Will has no power until it has been approved by the probate court. The court system is there to make sure this process goes forward smoothly. Having a valid will makes this far easier, but challenges may still exist.

When a person passes away without a will, the court uses state law to distribute the decedent’s assets according to whomever is entitled under probate laws, regardless of the decedent’s stated wishes. The statutory distribution may not be what you want and if so, you must plan ahead to legally bypass that statute. Without a will, the process is slower, more expensive and complicated. If you’re going through probate and need help, let our San Antonio probate lawyers guide you. We work with all types of probates — whether it’s informal probate or formal proceedings, with or without a will -– to ensure each and every client gets the best results possible. If the Will names multiple beneficiaries or if no will has been found, you must hire a lawyer before you can get scheduled for a hearing with the judge in Texas. Probate must be started within four years of the death of the decedent. The longer you delay starting the court proceedings, the more complicated it becomes. Call 210-775-0353 to speak with the San Antonio probate lawyers at South TX Family Law.

What is Probate?

Probate is the legal system in place for transitioning your property to others after you pass away. If you have minor children at the time of your death, your Will should also name a guardian for the care of your children and may set up a trust to manage their property until they become adults. Your debts do not disappear at your death and creditors must be satisfied or settled before the property goes to the beneficiaries. During probate, the deceased person’s estate is inventoried and distributed to creditors and beneficiaries. Estate executors may handle the probate process, or an administrator could be appointed by the court, but in order to get appointed, unless you are the sole beneficiary, you must hire an attorney in Texas to assist you in probate court.

The probate attorney will file the application for probate along with the original will, and if the original will contains some minor defects, they will work to prove that the will is acceptable to the court. Proper notice is posted by the court clerk. If there is no will, after filing the application and paying the filing fee, the attorney will request that the court appoint an attorney ad litem as the law requires to look for any unknown heirs. Once the ad litem is ready to report to the court, the attorney will set a hearing and present the testimony, provide a court order for the judge to sign, along with the necessary proof of death and the Oath of the proposed executor or administrator. After appointment, the attorney will publish the required notice to creditors and assist you in preparing an estate inventory.

If the person does not have a proper estate plan in place at the time of death, probate can result in the mishandling of all belongings and a decrease in value by the time they are distributed to the intended parties. If too much time has passed since death, this could leave the family with nothing but bills or other financial difficulties. The process is always more time consuming, frustrating and expensive without a will.

Working with our San Antonio probate attorneys can help ensure that your assets are adequately transferred while also leaving enough time for grieving family members to adjust to the situation before any significant decisions need to be made about where things should go or how to pay off debts. We’ll help you navigate probate on behalf of your loved one and prepare a plan that avoids the probate process as much as possible for your estate or at least makes the process as easy as possible.

What Problems Can Arise During Probate?

Probate can often be very complicated. If there is no Will or if the Will is not valid, then unlike most other types of cases, the probate judge is not concerned with fairness nor with the intent of the decedent. In that situation, the law will control what happens to the property regardless of any evidence of the decedent’s desires. Probate law is extremely strict. After a Will is declared valid and an executor is appointed, it is not uncommon for the executor to be sued by the beneficiaries if they don’t think the executor is doing his or her job properly. Probate litigation often arises, causing the estate funds to be depleted at a rapid rate. To prevent your property from being mishandled or being used for legal disputes, you’ll need to work with a San Antonio probate attorney who can help you through this process.

There are many potential problems that can arise during the probate process, including:

• Declaring someone incompetent or insane in order to have them committed so they cannot leave a will
• Arguments that the Will is legally defective in some way
• The loss of records used to establish ownership of assets and property
• Fraudulent claims about who is the rightful heir to the property
• Fraudulent claims of common law marriage
• Fraudulent claims of creditors

Working with our San Antonio probate lawyer can help ensure that none of these problems inhibit the smooth transition of your property into new hands after death.

What Duties Does a San Antonio Probate Lawyer Take On?

A San Antonio probate lawyer can help facilitate the legal proceedings of your estate after death, including:

• Determining the validity or legality of a will
• Facilitating payments to creditors and taxes owed by the estate
• Identifying all assets belonging to you at the time of death
• Securing property for which you are legally responsible, such as houses or vehicles
• Appearing in civil court on behalf of your family during probate litigation proceedings
• Preparing the necessary paperwork and orders
• Making sure all the legal requirements are met

Having a lawyer assist you with every aspect of probate can relieve you tremendously and allow you to focus on keeping yourself healthy and supporting your family members. It’s crucial that you meet with a San Antonio probate attorney to explore all of your legal opportunities for achieving an estate plan while also minimizing complications during probate proceedings.

Our San Antonio probate lawyers are deeply familiar with probate law, making us your ideal allies when you need legal counsel or legal representation during complex probate disputes. Call our probate attorneys immediately to learn how we can help you.

Will a Probate Lawyer Make My Life Easier?

Just knowing that you have an estate plan in place will give your family the peace of mind they need, but it can, and probably will, also save them time, money, and stress. Working with our San Antonio probate lawyer can help ensure that everything falls into place quickly after death. We’ll protect your probate assets and set everything up for the smoothest possible estate administration process.

If you decide to make a living trust for yourself or your family, or a transfer on death deed, our attorney can draft this document for you to ensure all of its terms are legally binding and follow state law exactly. A good estate plan not only ensures a smooth transition of property but also reduces overall taxes owed by your family at the end of the day. We will draft the documents with clear language so that there is no confusion after your death as to what you intended.

Working with a San Antonio probate attorney also ensures that everyone knows their rights and duties during this process and what steps are necessary to secure their future after death. If you are an estate executor, we can help you carry out your responsibilities thoroughly, so you avoid potential future conflicts. Contact our law firm today at 210-775-0353 for the representation and service you deserve.