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Common Probate Problems that Require Help of a Houston Probate Lawyer


Problems often arise when dealing with matters relating to a decedent’s estate. The common complications arising during the probate of a will involve other persons or strangers to the estate who make the validation of the will in probate court difficult. To avert this kind of legal malady, especially during a time of grief, seeking the help of a Houston probate lawyer is the best recourse.

Common Probate Problems Faced By Beneficiaries
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.

Taxes: Inheritance tax is paid when ownership of property is transferred to the beneficiary upon the death of the decedent. However, no title passes until this tax is paid. On the downside, the amount of inheritance taxes can be very high, particularly among inherited properties with high values. For people who want to avoid paying hefty inheritance taxes, altering the provisions of the will may be a good recourse. Accordingly, consulting a Houston probate lawyer is an ideal course of action.

Someone contests the will: For heirs and beneficiaries of a will, nothing is more frustrating than having someone enter into the fray and contest the probate of the will. If not resolved as early as possible, this could become a legal impediment to the allowance of the will and could delay the proceedings even further. Avert this situation by consulting a Houston probate lawyer.

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 taken steps to carefully plan his or her estate. In these situations, the Houston estate planning lawyer can provide valuable insight and assistance.

International property: Some properties are located abroad. Each jurisdiction has its own set of laws governing wills, inheritance, and probate. When it comes to these matters, it is advisable to let a Houston probate lawyer help with the legal intricacies.

With the help of a Houston probate lawyer, legal proceedings can go faster and more smoothly.  As your best guide on all matters probate, he or she can offer options to avert any legal obstacle that might impede the legal processes.