Inheritance matters can be complicated to resolve, depending on the case, there may even be disputes between the heirs. That is why it is very important to have adequate legal advice and assistance, to avoid problems and minimize inconveniences. When choosing a Texas probate attorney, many important aspects must be taken into account. How to find a probate attorney near me? Just keep reading!
The first thing to look for when hiring a law firm is that it has enough experience and has well-trained professionals in the field, such as the Law Office of Troy M. Moore, specialists in processing inheritances and successions. It is very important to choose the right legal team, as it is a very delicate process to deal with probate.
It is essential that the Texas probate lawyer has top-quality administrative and customer service procedures, so that each case is handled with professionalism and dedication. In addition, lawyers must have first-line training, with university studies in law and postgraduate studies in civil law, and preferably specifically, in inheritance matters.
What is a will?
A will is a document that is drawn up while the person is alive, is drawn up with the advice of an attorney, and must follow some legal guidelines. The person must be in full use of his mental faculties and must be signed in freedom, that is, of his own free will. In this sense, if it is found that the person signed the will under duress, while he was confused or mentally handicapped, it can be annulled.
The will must specify the assets to inherit, and also, the people who will benefit from that inheritance. On the other hand, the person can leave instructions and include other issues different from the distribution of the inheritance, such as the recognition of children.
It is common for people to die without having granted a will, in those cases, it is necessary to attend to the distribution of the inheritance according to what the “law” says and the advice and assistance of a good law firm is very necessary.
The 3 thirds
You have to know that the entire inheritance must be divided into 3 thirds, each one has a specific function in the distribution of the inheritance, explained below:
– The legitimate one. This is the amount destined to forced heirs, that is, children and other descendants; and if there are no children, then the spouse. They can also be the parents. In summary, these are the heirs recognized by law as those who have the right of succession, due to the family relationship with the deceased. This amount is divided equally among all forced heirs.
– Of improvement. This third is used in the will to increase the succession rights of one of the heirs. This is common in cases in which some of the children cared for the testator, or when for some reason it is considered that an heir requires a greater inheritance. In cases where there is no inheritance, this third is divided among all the heirs.
– Freely available. It is an amount that the testator can use as he wants, it can benefit one of the heirs or give it to any other person or institution. This amount is used to leave some benefit to people outside the family or to do charity work.
Challenge of inheritances
If someone considers that the distribution of the inheritance was unfair, either because his rights are not recognized, he has been disinherited, the distribution is not fair, or the document has errors or indications of falsehood, then he can initiate a process challenge.
To do this, he must have the assistance of a Houston probate lawyer specialized in inheritance and succession such as the Law Office of Troy M. Moore, and has sufficient reasons to start the process. A challenge is a court proceeding that can be very expensive and complicated, therefore a negotiation should always be attempted first. That’s why a good Houston probate attorney is really needed.