The importance of a probate attorney
A lawyer specialized in inheritance law like the Texas probate attorney is the best professional to guide and resolve any doubts, regarding the planning of the adjudication of assets, the rights of the widowed spouse and the proportion that corresponds to the rest of the heir relatives, appointment executors, the necessary documentation for the succession, information about taxes, among other common concerns, but also, inheritance and probate lawyers are experts in drafting wills, as well as in the declaration of heirs.
In the absence of a will, they can also support their clients in the process of declaring heirs and take charge of the subsequent procedure, acceptance of the inheritance, settlement of taxes, claims for life insurance payments, pension procedures of orphanhood and widowhood, etc. Likewise, in challenging a will, their actions include acting as mediators in case of disputes between heirs, to avoid unnecessary conflicts, from a win-win perspective and if this is not possible, they can represent their clients, in all legal processes related to inheritance.
As a conclusion, we can affirm that the services of lawyers specialized in inheritance and inheritance law are a comprehensive and complex service, ranging from the planning of the adjudication of assets, through the preparation of prior documentation, drafting of wills, notarial procedures and property records to obtain the documents necessary for the succession, up to extrajudicial conciliation actions and / or legal disputes if necessary.
What are wills for and how can lawyers intervene in them?
An executor is a person appointed to enforce the last will of a deceased, and to guard the assets of him until they are distributed among the heirs. Although the timely appointment of an executor contributes to solving many family problems related to inheritances, in contemporary times the executor has become increasingly exceptional. The will is the most common way to plan the award of assets due to death, a will itself is a legal document that guarantees that the will of a person transcends after his death.
There are three types of wills, classified as open wills, closed wills and the holographic will, very rare in contemporary times, since when it is drawn up and signed by hand by the testator himself, they present various evidentiary complexities. Certainly the common thing is that the preparation of a will is entrusted to a trusted lawyer, which is not always the most advisable thing, because lawyers close to the family are suddenly not specialists, so the logical recommendation is to leave the matter in the hands of the best, who are expert probate attorneys.
Lawyers who are experts in wills have the ability to adapt the will of the testator, with the provisions of the law, with greater precision than general lawyers, in addition to knowing more fully the regulatory provisions provided for the transmission of rights and obligations, of according to each particular situation of its clients. For example, a Houston probate attorney specialized in wills, is better qualified to guide the probate planning of his client, has better ability to carry out a preliminary study of the characteristics and amount of the estate, and recommend the ideal way for the transfer of the same, so that his estate is not affected, or at least suffers the least possible affectation, making a balanced distribution of its assets among the heirs.
In addition, the service of a lawyer specialized in wills will facilitate the registration of the will, in order to give full validity to that act of will, so that it has all its legal effects. In general terms and in relation to wills, the lawyers offer a wide variety of services such as preparatory procedures, which include the tax study of inheritance, document management, and so on.