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.
Probate Problems That Usually Spring Up
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.
Inheritance tax is paid when ownership of the 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.
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 over joint inheritance. Joint inheritance is very common. This is usual because parents let their children inherit their property. The problem arises when the children disagree over what to do with the property. It is very sad that often times siblings fight over their parents’ property. But it is reality. One wants to sell it, the other wants to have it rented, and another wants to keep it. In this case, it is better that the siblings consult a Houston probate lawyer to help them decide what the best course of action is.
Properties located abroad are subject to the laws, rules, and jurisdiction of the place where they are situated. Accordingly, it would be best to consult someone who is knowledgeable about these legal areas.
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.
Author: Timothy UphausThis author has published 1 articles so far.