Houston Probate and Estate Law Attorney

Probate is a complex legal process that involves the management and distribution of a person’s estate according to the will guidelines upon their passing. If no will exists, the estate may be administered according to Texas intestacy laws. Probate can be a confusing and resource-consuming experience for many families. By working with skilled probate lawyers in Houston, families can honor the wishes of the deceased and efficiently resolve probate.

At Hensley & Krueger, PLLC, we understand the emotional and financial consequences of probate and are here to help you defend your loved one’s legacy. Whether you are a family stuck in the middle of probate, an executor looking to optimally conduct your duties, or a beneficiary who wants to ensure the protection of your inheritance, an experienced Houston, Texas probate attorney from our firm can support you with meeting your probate related goals.

If your family is facing probate after the death of your loved one, you are not alone. Contact our qualified probate lawyers in Houston today by

fill out our online form or call 713-850-9700.

Houston, Texas Probate Attorneys With Your Best Interests In Mind

Most people don’t like to think about the end of their lives, but having a plan can help your family navigate the probate process smoothly and efficiently.

Probate is the legal process assets go through after a person has passed away. How an estate plan is organized changes how property and finances go through probate. If your loved one has recently passed away and you are the executor of the estate, you will most likely need an attorney to help you fulfill your duties accurately. You may have to deal with creditors and beneficiaries, which may lead to litigation or disagreements about the will. On a case-by-case basis, we take estate litigation cases on contingency fees, which means you don’t pay attorney fees unless we win your case. Please contact us to discuss your specific case.

At Hensley & Krueger, PLLC, we can help you get through this process as efficiently as possible. You shouldn’t have to cope with the stress of probate while mourning your loss. We can help protect your family’s memory while taking care of the details so you have time to grieve.

Protecting Your Family’s Legacy — Even Without a Will

Grieving families are often faced with many challenging decisions from the moment their loved one passes away. Between planning a funeral and contacting family and friends, you may not have the capacity to answer complicated legal questions. Our probate administration lawyers can decrease the stress of this process by working through legal implications with families and finding solutions both before and after you’ve passed away.

If your loved one has passed away without a will or trust, our experienced legal team can help your family work through intestacy and help determine heirs within your family. The probate system is complicated, so it’s important to have an estate planning attorney you trust who can represent your interests and help you honor your loved one’s legacy.

A Breakdown of Texas Intestacy Laws

When a person dies without having a proper will, their estate goes into a process known as intestate succession. Texas intestacy laws govern how the assets of the deceased should be distributed out to surviving family members. The probate court is in charge of overseeing this process, making sure all assets are inventoried and valued, liabilities are settled, and the rest of the estate is divided up in compliance with the law.

With the help of adept probate lawyers in Houston, you can navigate the following crucial elements of Texas intestacy laws:

• Hierarchy of heirs. According to Texas intestacy laws, when an individual passes away without a will, their estate is distributed to close relatives in a specific priority order that begins with the children and spouse. If no children or spouse exists, the order moves to parents, then siblings, then more distant relatives.
• Community property rules. Texas is a community property state. This means that all assets that are acquired during a marriage are shared equally between each spouse. If the deceased is married, this can significantly impact how an estate may be divided. If the deceased had children from a prior relationship, this can also have implications on asset distribution.
• No beneficiaries were named. In some cases, if no beneficiaries are named by the deceased for their estate, the estate may be handed over to the state of Texas.

Common Issues Faced by Families Left Without a Will

Although Texas intestacy laws provide general guidelines for how assets should be distributed, this framework is typically not in line with what would have been the desires of the deceased. An experienced Houston, Texas, probate attorney can help you work through the following challenges often faced by families who do not have a will:

• Family disagreements. In intestacy cases, it is unfortunately not uncommon for heirs to have disputes over how assets should be distributed.
• Unintended beneficiaries. According to Texas intestacy laws, assets may go to relatives that the deceased did not intend to benefit from their estate.
• Hefty estate liability. When a will is not introduced, high court costs, administrative expenses, and legal fees can arise, bringing unintended expenses to the estate.
• Lengthy probate delays. A failure to provide clear instructions can result in more lengthy, drawn out probate processes, keeping beneficiaries from accessing crucial financial support.

Protecting Houston Real Estate Without a Will

When it comes to the value of an estate, real estate continues to be one of the leading valuable assets in consideration. Without the presence of a clear, legally enforceable will, the distribution of real estate can become highly complex, with a variety of issues potentially arising as a result.

Our skilled team of Houston probate lawyers can help you navigate the following scenarios:

• Disputes involving co-ownership. Due to the absence of a will, a few individuals may end up as co-owners of real estate property. Without clear instructions on what should be done with this property, disputes can occur between co-owners regarding how it should be maintained or used.
• Community property considerations. The absence of a will upon the death of an individual can lead to assets being divided up according to Texas community property laws. Disputes may likely emerge concerning what is community property, versus what is separate property – which can significantly impact inheritance.
• Issues involving family home use. If your deceased loved one was a homeowner, various arguments may develop regarding who should be the ones to inherit the home, or whether assets should be liquidated and distributed.

With the help of seasoned Houston, Texas probate lawyers, you can work to smoothly ensure that real estate is transferred to the rightful beneficiaries in the situation and work to keep disputes to a minimum.

Defending Your Loved One’s Business Interests in the Absence of a Will

When business owners pass away, this can lead to uncertainty for heirs, partners, and employees. Without having an adequate succession plan, businesses can face serious challenges, such as questions about who should be appointed to manage the business moving forward. In other cases, businesses may need to be liquidated in order to divide assets among heirs or settle any liabilities of the estate.

Unfortunately, disputes that are unresolved can lead to resource-intensive delays that can ultimately harm the well-being of the business. Houston probate lawyers can work closely with families to ensure that business interests are preserved, working to ensure the continuing legacy of operations and keeping disruptions to a minimum.

What Do Houston, Texas Probate Lawyers Do?

Beneficiaries, heirs, and executors can receive critical support from Houston probate lawyers throughout the probate process. The role of a Houston probate lawyer includes making sure that the estate administration is properly carried out, and that all taxes and debts are paid accordingly. Furthermore, they ensure assets are divided up according to the will of the deceased or state intestacy laws.

A Houston, Texas, probate attorney can provide you with the following services:

• Filing your appropriate application. A probate attorney can help ensure that you accurately file all required legal documents on time with the Harris County probate court or the jurisdiction that is relevant to your case.
• Ensuring will validity. An attorney can go over the details of the will to ensure it is in line with Texas legal requirements and defend against any challenges that may transpire.>
• Accounting for all assets. An attorney can fight to ensure all estate assets are adequately identified and valued – from personal property to real estate to financial accounts.
• Minimizing liabilities. Throughout the probate process, a competent attorney can work to settle any debts that are outstanding and ensure estate tax requirements are adhered to.
• Overseeing asset distribution. After the estate has been settled, a probate attorney can work to oversee asset distribution to ensure everything is fairly allocated to beneficiaries and heirs.

The Importance of Working With Houston Probate Lawyers

As the probate process is highly complex and emotionally draining – especially when the estate involves a large business or complex real estate assets – it is crucial to work with skilled legal representation. A Houston probate lawyer can provide the crucial support needed to navigate probate challenges with clever efficiency.

They can provide solutions to the following common challenges during probate:

• Handling will contests. If the will is being contested, this can lead to significant unintended expenses for the estate, resulting in devastatingly costly legal battles.
• Settling liabilities and debts. An attorney can assist you with fighting predatory creditors’ claims and work to ensure that all outstanding liabilities are settled properly so that no future issues emerge.
• Working through complex estates. Estates that involve complex businesses, multiple real estate properties, or any assets from out of state require further legal scrutiny and attention.
• Navigating family disputes. Unfortunately, disagreements among heirs are not uncommon after the passing of a loved one – especially if the estate income question is complex. A probate lawyer can work to settle any disputes among heirs by finding sound solutions.

By leveraging the knowledge and experience of compassionate probate lawyers, you can effectively work through the common issues of probate and bring down stress, overhead, and any legal risks.

Understanding the Texas Probate Process

Although the Texas probate process is generally streamlined when compared to other states, it still requires experienced and knowledgeable legal representation to ensure that legal procedures are complied with. By working with probate lawyers in Houston, you can successfully navigate the following steps of probate:

• Submitting the application. Probate begins by filing an application in the county where the deceased had their primary residence. If a will exists and is legally enforceable, the court will validate it. On the other hand, if no will is available, the courts will determine intestate succession, which is determined by Texas intestacy laws.
• Letting creditors and beneficiaries know. After the probate process has been initiated, it is required by law for heirs and creditors to be notified of the proceedings. This gives creditors a window of opportunity to make claims for any unsettled debts or liabilities.
• Validating the will. In order for a will to be validated, a court will need to go over the legal document to ensure it is in line with Texas legal standards. This validation process involves showing there was no undue influence, the will was properly executed, and the testator was in a sound mental capacity at the time of signing.
• Accounting for assets. The estate executor or administrator will need to create a line-by-line inventory of all assets involved in the estate — from bank accounts to real estate to investments to personal property. Failing to carefully execute this step can lead to legal action down the line.
• Paying taxes and debts. Any debts or liabilities that are outstanding – in addition to administrative expenses and taxes – need to be paid off by the estate before everything can be administered to beneficiaries or heirs.
• Dividing up assets. After all liabilities have been resolved, the assets that are remaining can be distributed to beneficiaries according to instructions in the will or Texas intestacy laws.

A Houston, Texas probate attorney can guide you through each step of the Texas probate process while providing detailed planning for your case. This will help you understand the general timeline and anticipate any specific challenges you may encounter.

When it comes to anticipating the length of your probate process, it can depend on factors such as your estate complexity, and if any disputes are present. A Houston, Texas probate attorney can help you understand how long your probate process may take, in addition to a general timeline you can expect, so you can plan accordingly.

Handling the Unexpected

If you have recently lost a loved one who did not leave a will or have an adequate estate plan, it’s never too late to work to protect their legacy. The skilled probate lawyers in Houston from the Law Office of Hensley & Krueger, PLLC can help you understand the available legal tools you may be able to leverage, such as Muniment of Title or Affidavit of Heirship, to prevent some of the issues that may occur during Texas intestacy.

Our Houston probate lawyers can assist you with navigating the complex probate process, finding solutions for disputes, and helping fight for a fair and just administration of your loved one’s legacy.

Contact Us for Experienced Estate Planning Guidance

If you have recently lost a loved one and your family is facing the probate process, a proficient Houston, Texas probate attorney from our firm can provide you with the support you need. We can work closely with you to understand the details of your case – from family dynamics to business ownership to potential liabilities. We will clarify your various legal options and help you understand your rights in the situation. Together, we can protect your family’s legacy.

Call us today at 713-850-9700 if you have questions about the probate process or if your loved one has recently passed away. You can also send us a message to start the conversation. Our office is located in Houston, Texas and we respond promptly to emails and calls.