Comprehensive and Compassionate Heirship Guidance in Austin, Texas

The topic of death is uncomfortable for everyone, and one that many people choose to simply ignore rather than dwell on. The unfortunate reality, however, is that in order to lessen the trauma (and expense) we leave behind for our loved ones, we must put certain things in place while we are here. Without a well written will and other estate planning documents in place, conflicts can and do arise, leading to bad feelings and even feuds.

All that being said, choosing how to distribute your assets is never an easy thing. You need the guidance and knowledge of an experienced probate lawyer to help you navigate the process. Failing to codify your desires in a valid legal document means your heirs are determined by a probate court in accordance with Texas statute. This is the point of an heirship proceeding.

Experience and Knowledge to Help with All Heirship Matters

Although it is in your best interest to determine distribution of your assets yourself, often a decedent will not have done so, or other circumstances exist that necessitate determination of the decedent’s legal heirs. In order to do an heirship, the decedent must first and foremost own or be entitled to property in this state. In addition to owning property in Texas, the following estate requirements must be met:

• The decedent does not have a will and there has been no administration of the decedent’s estate; or
• The decedent did have a will that has been probated, but property was omitted or otherwise not finally transferred pursuant to that administration; or
• It is necessary for a trustee of a trust holding assets for the benefit of the decedent to determine decedent’s heirs.

Granted those requirements have been satisfied, the process of determining heirship can begin. That process involves the following:

• Along with the help of a probate attorney, a person qualified pursuant to the estates code can file a proceeding to determine heirship before the court where the property or real estate is located.
• The application must include all statutorily required information about the decedent as well as all heirs, including names, addresses, relationship to decedent, and details concerning real and personal property.
• Each of the decedent’’s heirs or otherwise interested parties must receive notice of proceedings. This is another area where an experienced probate attorney can come in handy, as you risk the finality of a judgment if all parties are not properly noticed and may be exposed to personal liability as well.
• The court will appoint an attorney ad litem to do an investigation and report to the court his or findings regarding legal heirs and each heir’s interest in the estate.
• The applicant, witnesses and the attorney ad litem will attend a hearing and give testimony to the court, and based upon all evidence, the court will determine the decedent’s heirs.
• Judgments can be appealed following the same time limitations as other probate matters.

In some circumstances, a court ordered determination of heirship is not necessary, and an abbreviated procedure may be used.  An experienced probate attorney can save you time and a lot of expense by recognizing those specific circumstances and properly advising you of a faster, cheaper alternative.

Contact Me Directly to Schedule a Consultation

Your situation is unique and needs to be treated as such. You need an attorney who will break down your case, explain all of your options and offer advice for how to achieve the best possible outcome in the fastest, most inexpensive way possible.  At the Law Office of Kara Borchers Jones, PLLC, we give you the knowledge and guidance you need to make your own decisions regarding every aspect of the probate and estate planning process. Contact our firm by email at info@borchersjoneslaw.com or by calling 512.337.5030 to schedule a consultation and go over your needs and desires more in depth.