When it comes to dealing with real estate and other properties after a loved one dies, problems can often crop up. It is most especially common when it comes to wills left behind by a deceased relative or loved one. When one is in the process of probating a will, other people interested in the real estate or other assets may complicate the process. To help you avoid complications during a time of grief, using the services of a Houston probate lawyer is highly advised.
Common Probate Problems Faced by the People Left Behind by the Decedent
Alteration of the will. Under current Texas probate laws, the provisions of wills and testaments may be altered, amended, or modified. And it’s not just the testator who can change it; beneficiaries too may want to have the will or testament changed for various reasons. It could be because he or she does not need the transmitted property or would want to repudiate the inheritance in favor of the other heirs. Another reason is to mitigate inheritance taxes.
When one receives an inheritance, a corresponding amount shall be paid as inheritance tax before title and ownership over the transmitted property is transferred to the beneficiary’s name. The amount of tax, however, depends on the market value of the said property; the higher the value, the higher the taxes. With this, some heirs and beneficiaries would want to forego the inheritance. This act of repudiation, however, may require legal formalities to which a Houston probate lawyer can help.
If third persons file their claim against the decedent’s estate, this may be construed as a challenge against the shares of the instituted heirs and beneficiaries. This will result in a prolonged probate proceeding and a delay in the allowance and execution of the will. Consult a legal professional immediately.
Disagreements among heirs over joint inheritance. Joint inheritance is especially common among families with large and undivided properties like real estate. Problems usually arise when heirs and beneficiaries argue as to whom a particular share belongs or what to do over the commonly owned asset. It is a sad reality that loved ones fight over a piece of property, which could have been avoided had the decedent took steps to carefully plan his or her estate. In these situations, it is best to consult a Houston estate planning lawyer to help settle the issues.
The property/real estate is located abroad. Each country has a different set of laws when it comes to inheritance. Even if there is a will, it is still advisable that a lawyer handles such matters, especially when the real estate being inherited is in another country.
A Houston probate lawyer can easily look into these problems and give you advice to the best of their knowledge. It is better to go through the probate process without any mistakes so you do not have to waste more money and time than is necessary. Let your Houston probate lawyer do what he does best – guide you through the process of probate.
It is best to discuss your probate concerns with a trusted and experienced Houston probate attorney. For matters relating to wills and probate, let the Houston estate planning lawyers at JMK LLP guide you.
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