Identifying the parties entitled to inherit an estate after a person dies can be simple if they have a last will and testament in place at the time of their death. The probate court simply confirms that the will is valid and then allows the administrator to distribute the property as intended.
The determination of heirs in San Antonio becomes more complex when the person in question passes away without an estate plan in place. The judge has an obligation to award property based on the law, not the decedent’s final wishes. Dedicated wills attorney Sasha Begum could answer your questions about this process and provide guidance on proper estate planning.
Under Texas law, the probate courts establish the order of priority for the distribution of a deceased person’s property using the rules of intestate succession.
When a person dies without a will in place, the courts do not consider that individual’s preferences or priorities. This is true even if they have expressed their wishes or promised certain assets to individual loved ones. Instead, heirs in San Antonio are determined based solely on relationships with the deceased.
In general, priority goes to a surviving spouse and their children, if any exist. Other family members may be entitled to inherit, especially if the person who died was unmarried at the time.
Many times, there is the potential for heirs that are either unknown or intentionally excluded from the process by other family members. In order to ensure that the distribution of property follows the law, the court is required to appoint an attorney who is tasked with representing the interests of unknown heirs.
A lawyer could also be used to assist with finding heirs who are known but cannot be located. Their work is typically limited to the determination process, and they are no longer needed if it is determined there are no lost heirs to find.
For the most part, this process is used primarily in cases where a person dies without a will. However, it may be necessary in some limited situations where that individual has an estate plan in place.
This usually occurs when the plan is deficient. Court intervention may be necessary when a specific asset is left out of the will and no designation is made for what happens when an heir is not identified. This process is also used to clarify conflicting or ambiguous language that makes it impossible to know the creator’s intentions for certain.
Serious issues can arise when a will is not carefully drafted. A dedicated attorney could help avoid the need to determine heirs in San Antonio.
The unfortunate reality is that the determination of heirs in San Antonio can be a contentious and drawn-out process. The best way to prevent your loved ones from facing these issues in the future is by developing a strong estate plan. Reach out to Begum Peláez-Prada, PLLC, right away for a private consultation.
