Estate Planning Attorney

 What happens when a loved one passes away with property and we want to either inherit it or transfer to a family member? Generally, in this situation, we're looking at three different roads that we might take. To begin to determine which one of those three roads or what options you have. Keep in mind, this is just a brief summary of the different routes available. In order to obtain the right information which applies to you, talk to an estate planning attorney at Guerra | Days Law Group. 

The first road is referred to as probating a will. Your loved one has passed away leaving a will behind and this will is typically the deceased’s last testament. It is a memorialization, a writing, of what their last wishes were. First, we have to determine if that will is in fact valid. Determining whether a will is valid will be conducted by a court of law. Very often, I have people come into my office and say, "Hey, I've got a will, so the property's mine." Unfortunately, that is not how it works.

The will is just the beginning. Any competent estate planning attorney can tell you that probating an estate is not that simple. That will must be filed with the appropriate court and it must be validated by the court as well. Once the will is validated, the court appoints what is called an executor or executrix. The executor or executrix, are not the inheritors of the property. They are chosen solely to divide the property for the loved one. After the will has been properly validated, including: proper signatures, notarization, witnesses, etc., the executor or executrix will then have the duty under the law to follow the loved one’s wishes and divide the property as stated in the will.

The second route is when your loved one passes away without a will. When a loved one passes away, leaving no valid will behind, the loved one has passed intestate. Simply put: they have passed without a last will and testament. Under this situation, any person that is related to the deceased or anyone who had a relationship with the loved one, can potentially file an application to be able to be appointed administrator to the estate of the deceased.

Typically, the one filing the application will be a spouse, however, there are occasions when a son, daughter, mother, brother, or even a friend could file. Whenever an application is filed under the intestacy rules, the court must determine whether the one filing is truly fit to be an administrator. If the court finds the person to be a fit administrator, then they will be appointed by the court.

Unlike probating a will, in which a valid will is involved, passing away intestate (no valid will in place) the person appointed as the administrator will need to consult an estate planning attorney in order to follow the chart the state of Texas lays out to be followed. The chart basically breaks down how the estate should be divided and it is the job of the one appointed to administer that chart and make sure it is being followed to the letter.

The third scenario, the one most commonly sought by clients, is what can be used to avoid court. However, whether you can avoid court or not is not a decision you as the client can make on your own. You will need the advice of an estate planning attorney to know if you meet the requirements to avoid court.

There are a couple different devices you can use if you can avoid court such as: Muniment of Title, Small Estate Affidavit, or Affidavit of Heirship. Once again, you will need to consult a well-versed probate attorney in order to know if any of these devices can apply to you.

Obviously, avoiding court will be the least experience and faster route BUT, you cannot determine that on your own. Contact an experienced estate planning attorney from Guerra | Days Law Group. We have the knowledge and guidance to help you achieve a favorable resolution.

Location: Pochyla Rd, Houston, TX 77078, USA

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