Texas Inheritance Law Information For Families Unfamiliar With Texas Probate Law by Central Texas Inheritance Lawyer

Texas Inheritance Law Information For Families Unfamiliar With Texas Probate Law by Central Texas Inheritance Lawyer Jason Coomer

Texas Inheritance Law for families unfamiliar with probate can be extremely difficult.  Not only have they lost a loved one, but they also often have to navigate Texas courts, financial records, insurance companies, deed records, and banks.  Further, some have to deal with upset and sometimes aggressive family members as well as other greedy people who are attempting to claim wealth from the deceased loved one.  Understanding the basics of Texas Inheritance Law and when it is time to call a lawyer can be extremely helpful in navigating this difficult time.  Below are a few basic concepts and answers to basic questions that can helpful.

Common Texas Will and Probate Questions

What is a Will and is it necessary?

A Will is a document which states the intentions and wishes of a person to take place after their death including what happens to and who gets their wealth.  A Will is not necessary under Texas law, but if you do not have a Will and you die, your wealth is distributed according to Texas law and this can sometimes result in increased legal costs to determine heirs and unintended estranged heirs or laughing heirs receiving large amounts of inheritance.  If you have significant wealth, want specific loved ones to receive it, and want your loved ones to have fewer legal expenses after you pass; it is best to have a Will.

Should I write a Will myself or use a "do it yourself" Will kit? 

The complexity of a Will can very greatly from a short hand written Will called a "Holographic Will" to a several page complex Will that creates testamentary trusts and has several contingencies.  Overall, if you have significant wealth, it is often best to contact an estate planning attorney to answer questions, draft the Will, and explain specific options and potential traps.  In handling probate cases, I have run into several "do it yourself" Wills and Holographic Wills that have caused 1) significant controversies in families resulting in legal battles, 2) unintended consequences caused by transfers to minors, wards, or persons on social security disability, and 3) complete legal messes and trapped wealth requiring several attorneys and court appointed ad litems to resolve.  In short, be careful if you have significant wealth and decide to do it yourself.  Saving money in the present can cost significant amounts to your loved ones in the future.  

Does a Will need to be filed? 

No, if the person who passed has little to no wealth or all their wealth has passed through a Trust, non-probate assets, or other means, there may not be a reason to probate a Will.  However, if a person has a valid Will and wealth in their estate including real property their Will should typically be filed for probate.

Does a Reading of the Will need to take place?  

No, this is a Hollywood myth.  Normally, there is no reading of a Will.  The Will be filed for Probate and all beneficiaries in the Will should receive a copy of the Will pursuant to Texas law.  An unnecessary reading of a Will can result in some extremely difficult and awkward situation.  That being said, many family members review Wills together and can cooperate in agreeing how to handle the probate process.  

What is an Executor? 

An executor or executrix is a person who is named in a Will to manage the deceased's estate, fulfill the deceased's wishes, and follow Texas legal requirements regarding legal notices and inventories.  An executor or executrix will not be appointed until a Will is probated and letters of testamentary are issued.  In other words, a person named as executor has no power or authority until a Will is probated and they are appointed.

An executor or executrix should be a responsible person that you trust.  They do not have to be a resident of Texas, but they have to be a competent person over the age of 18 years of good character who is not a convicted felon.

Most people who are named as an executor or executrix hire a lawyer to represent them in Probate court and to ensure that they comply with legal duties.  The person who serves as executor or executrix can be removed or sued for breach of fiduciary duty if they to not follow the Will or Texas law.  The estate will typically pay the executor's or executrix's attorney's fees and costs.

Contested v. Uncontested Probate 

There are two type of probate lawsuits contested and uncontested.  Uncontested probate lawsuits include Will probate lawsuits and Suits to Determine Heirships where there is no dispute between the heirs or beneficiaries regarding who gets what and the value and validity of estate assets or estate debts.  It is typically best to have a Texas probate lawyer, if you are filing an uncontested probate lawsuit.  Contested lawsuits include Texas Will Contests, Texas Breach of Fiduciary Duty Lawsuits, Texas Real Estate Partition Lawsuits, Texas Financial Elder Abuse Lawsuits, and Texas Inherited Business Lawsuits.  A Texas probate lawyer is almost always needed and highly recommended, if you are in a contested probate lawsuit.

Contingent, Hourly, and Hybrid Attorney Contracts

Most Texas probate lawyers work on hourly contracts where the family of a deceased has to pay the lawyer a retainer and then the lawyer bills against the retainer until it is depleted, then additional money will need to be paid if additional work needs to be done.

However, in some situations family assets cannot get transferred or collected by their rightful heirs or beneficiaries because the heirs and beneficiaries cannot afford the upfront cost of probate and other transfer costs. In these situations, a Texas Contingent Probate Lawyer who works on a contingent or hybrid contract is needed to help heirs and beneficiaries transfer estate property to rightful heirs and beneficiaries.  In these situations, the Texas Contingent Probate Lawyer will typically need to see evidence that there are actual significant assets in the estate and confirm that the potential clients are the rightful heirs and beneficiaries of the estate. In these cases, bank statements, life insurance policies, royalty statements, mutual fund statements, retirement fund statements, real property deeds, property tax information, and other evidence of the estate assets can be useful in determining the approximate value of the estate and if a contingent contract for probating the estate can be viable.  For more information on Texas Contingent and Hybrid Probate Lawsuits, please feel free to go to the following web page:  Texas Contingent Probate Lawyer and Texas Death Benefit Collection Lawyer.

Valsartan Cancer Health Risk: Persons Taking Valsartan Should Be Aware of Several FDA Recalls on Tainted Valsartan Medications that May Cause Cancer by Texas Valsartan Cancer Lawyer

Valsartan Cancer Health Risk: Persons Taking The Generic High Blood Pressure Medication Valsartan Should Be Aware of Several FDA Recalls on Tainted Valsartan Medications that May Cause Cancer and Other Health Issues by Texas Valsartan Cancer Lawyer Jason S. Coomer 

The drug high blood pressure medication, Valsartan, has been under a recall worldwide because it was tainted with a known carcinogen, N-nitrosodimethylamine (NDMA).  Persons who have been taking Valsartan since 2012 should be aware of the recall and consult their pharmacist, physician, and/or the FDA if they have any questions regarding the recall or if they think they have a tainted drug.  Additional information regarding this recall is also listed below on this web page.  Further, if you or a loved one has been taking Valsartan and have have been diagnosed with cancer, liver damage, or tumors, you should contact your health care provide to discuss the potential cause of your health issues as well as report the adverse action to the prescribing medical doctor and FDA as soon as possible.  For more information on the recalls, please go to the following web page: Valsartan Cancer Health Risk Information.

Weed Killer Lymphatic Cancer Health Alert: Recent Studies Have Shown Some Herbicides May Cause Lymphatic Cancer by Texas Lymphatic Cancer Lawyer

Weed Killer Lymphatic Cancer Health Alert: Recent Studies Have Show Herbicides including Roundup Weed Killer Are Probably Carcinogenic and May Cause Non-Hodgkin's Lymphoma by Texas Lymphatic Cancer Lawyer Jason Coomer 

Recent scientific studies have determined several herbicides including Roundup weed killer and other weed killing products containing glyphosate are probably carcinogenic to humans.  Further, recent civil lawsuits have proven that these weed killers may cause Non-Hodgkin Lymphoma and other forms of lymphatic cancer.  For this reason, people who have been regularly exposed to herbicides including  farmers, agricultural workers, horticulturists, groundskeepers, commercial gardeners, ranchers, and anyone else who has regularly used Roundup or other weed killers with glyphosate should be aware of this health risk.  Further, if these exposed people or their families suspect they may have lymphatic cancer, they should contact their health care provider to test if they may have lymphatic cancer.  For more information on this topic, please go to the following web pages: Texas Non-Hodgkin's Lymphoma Lawyer and Texas Lymphatic Cancer Lawyer.

Non-Hodgkin's Lymphoma NHL and Lymphatic Cancer

Non-Hodgkin's lymphoma (NHL) is a term for various different types of cancer of the lymphatic system that results from lymphocytes or white blood cells which have undergone genetic changes. The condition presents as enlarged lymph nodes without pain, abdominal pain or swelling, chest pain, cough, and weight loss.

Non-Hodgkin lymphoma can cause many symptoms, such as:

• Swollen, painless lymph nodes in the neck, armpits or groin;
• Soaking night sweats;
• Coughing, trouble breathing or chest pain;
• Weakness and tiredness that don't go away; 
• Unexplained weight loss;
• Fever; and
• Pain, swelling or a feeling of fullness in the abdomen

A physician can typically diagnose lymphatic cancer including Non-Hodgkin's Lymphoma NHL with a physical exam, blood tests, a chest x-ray, and a biopsy. Choice of treatment is based on the type, stage, and severity of lymphoma and overall health of the patient.

Loss of Family Wealth in Texas and Throughout the United States is on the Rise by Texas Family Wealth Lawyer

Many Texas Families are Losing a Significant Amount of Wealth Through Elder Financial Abuse and Failed Multigenerational Transfers by Texas Family Wealth Lawyer Jason S. Coomer

A significant amount of family wealth is lost every year through failed multigenerational transfers, lack of information, and financial elder abuse. This loss of family wealth is estimated to be over $50 Billion each year.   This loss of family wealth is especially common in several situations including 1) families who are spread out throughout the United States or the World, 2) families faced with a sudden loss of the person controlling the family's wealth, and 3) families who become victims of fraudsters and ruthless opportunists who take wealth from the elderly or those with diminished capacity.

In many of these situations, an experienced family wealth lawyer can help prevent the loss of wealth and in some situations can help reclaim wealth.  For more information on this topic, please go to the following web pages: Texas Out of State Probate and Inheritance Lawyer Information, Texas Probate and Inheritance Lawyer Information, and Texas Elder Financial Abuse Lawyer Information.

In the State of Texas alone billions of dollars in bank accounts, oil royalties, insurance money, safety deposit box contents, stocks, retirement funds, real estate, and other wealth is stolen, forgotten about, becomes lost, or is unclaimed.

Most Elder Financial Abuse Involves a Family Member, Caretaker, Stock Broker, Financial Planner, or Financial Adviser by Texas Guardian Fraud Lawyer, Texas Power of Attorney Fraud Lawyer, Texas Alleged Elder Financial Abuse Fraud Lawyer and Texas Alleged Elder Financial Abuse Lawyer 

A recent study has found that Financial Elder Abuse and financial fraud against the elderly are on the rise.  Further, that most elder financial abuse crimes involve a family member, financial planner, financial adviser, or caretaker.  This elder financial abuse and fraud is most commonly committed against woman over 80 years old.  This financial exploitation of elderly persons can include changes in investments; buying real property and vehicles for people; large cash withdraws; selling inherited real estate; gifting mineral interests; excessive use of ATM or credit cards; unnatural changes in a will, power of attorney, beneficiary designations or financial documents; documents signed under duress; theft of valuables or money; transfers of money, mineral interests, oil royalties, or assets; forgery of checks, financial transaction documents, or other documents; isolation from family, friends, community, or other stable relationships; and use of medications to subdue the elderly person.

For more information on elder financial abuse, please go to the following web page: The United States of Elder Fraud – How Prevalent is Elder Financial Abuse in Each State? 

Many Families have Spread Out Across The United States and Throughout the World, Therefore it is Often Helpful to Hire a Texas Probate Lawyer to Assist with the Texas Probate Process and to Handle Estate Issues

Many families have spread out throughout the United States and around the World.  For the family member that lives out of state and has never been through the Texas probate process, it can often be challenging to understand what should be done under Texas probate law.  At a time when they want to grieve the loss of their loved one, they are often forced to deal with difficult issues including:

    1) Who should be in control of their loved ones' estate?
    2) What needs to be done to have an administrator or executor appointed?
    3) What are probate & non-probate property?
    4)  What should be done to protect estate property?
    5)  Is a Will necessary?
    6)  What can be done with Estate property?  Can it be sold or transferred?

When faced with these decisions, it is often helpful to speak with and hire a Texas probate lawyer to help take care of probate issues.  A Texas probate lawyer can help "out of state" family members through the probate process and help move an estate through probate.

This unclaimed property often occurs when someone unexpectedly dies or becomes incompetent.  When this person is the head of a household or controls a family's wealth, records can often be lost and assets can often go unclaimed.  This is more common when families do not live close to each other and/or do not communicated about financial issues.  Much of this lost or unclaimed wealth is collected by the states and held for rightful owners including heirs and beneficiaries.  However, it is not uncommon for large corporations including oil companies, insurance companies, brokers, financial advisers, and banks to keep unclaimed assets.  

Texas Partition Action Lawyer Represents Landowners Who Want to Sell or Partition Their Real Property by Texas Partition Action Lawyer

Texas Partition Action Lawyer Represents Landowners Who Want to Sell or Partition Their Real Property by Texas Partition Action Lawyer Jason Coomer

Sometimes co-owners of real property cannot agree on how their property will be used or if it will be sold. In these instances, it is sometimes necessary to file a real estate partition action to divide or sell the property.  This situation often arises when multiple family members inherit real property and when people jointly purchase property.  In these situations, one owner typically wants to keep the property, while other owners want to sell the property.  Further the owner that wants to keep the property often can't afford to buy out the other owners and insists that the other owners pay their share of taxes, maintenance, and insurance year after year.  When this situation arises the best course of action is typically a partition action to force the partition or sale of the real property.  For more information on this topic, please go to the following web page: Texas Partition Action Lawyer Information.

Forced Sales of Texas Real Property

Not all real property can be partitioned or divided, in fact houses, commercial property, lake house, condominiums, and several other types of unique real property cannot be partitioned.  When a Texas court finds that real property in a partition action cannot be fairly divided, the Court will order the real property sold through a forced sale.  The owners then divide the proceeds of the sale of the real property.