Dallas, Texas Probate Lawyers Assisting People With Intestate Succession Issues
When one dies without a will in the state of Texas, they are considered to have died “intestate.” This always requires a dependent administration, meaning all transactions must be approved by the Court through every step of the probate process. Property remaining in the estate after payment of debts and other obligations will be divided and distributed in accordance with Texas law. This generally means one’s closest surviving relatives will receive shares of assets remaining after the debts have been paid. Several issues, however, can arise. These issues include determining what assets belong in the estate and what constitutes a “close relative.” For example, questions about common law marriages, the rights of children in blended families, or the rights of adopted children can lead to disagreement. Hiring an attorney who is familiar with Texas’ intestate succession laws may be crucial to whether you inherit. The Dallas lawyers of The Johnson Firm have represented people throughout Texas in such matters and are ready to assist you. Contact our office today for an initial consultation.
Common Issues When There Is No Will
Aggressive attorneys handling Texas disputes in which a loved one has died without a will
It is more common than people think for Texas residents to die without a will. When this happens, then Texas’ intestate succession laws determine how property is divided. If one is married with children, then the assets are divided between the surviving spouse and children. If one is married without children then property will go to the surviving spouse and surviving parents or if one or both parents do not survive then to a combination of the surviving spouse, the surviving parent, and siblings or their descendants. If one is unmarried with surviving children, then property will go to the children or their descendants. If one is unmarried with children but the children and children’s descendants do not survive, the assets are divided between the parents and possibly siblings. The application of these laws can be complicated for some families. Various issues, such as previous marriages, common law marriage, adopted children, among others, can create challenges when determining how the estate should be divided.
The Probate Court will appoint an administrator to help resolve the decedent’s estate by identifying assets, debts, and heirs. Without a will to guide the administrator, one can imagine a variety of situations where interested parties could challenge the administrator’s position. To the extent necessary, the Court will resolve issues of heirship determination, probate disputes involving a common law spouse, inheritance disputes involving adopted children, as well as other matters. Hiring an attorney to assist you with these areas is crucial.
The Dallas attorneys of The Johnson Firm will guide you through the process when a loved one dies without a will. We will work quickly to resolve any disputes over whether one should or should not be an heir, and whether property should or should not be included in the probate. We understand that this is a trying time in your life and we are here to assist you. Contact our office today for an initial consultation. We also service Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center.
Contact Us Today
Dallas lawyers guiding people through the inheritance process when there is no will
Texas’ intestate succession laws can seem simple at first but can quickly become overwhelming. We are here to help you untangle the mess. Price L. Johnson is a CPA as well as an attorney and has extensive experience in issues relating to probate. Price and our associate attorneys will lay out how the line of succession works, in a way you can understand, so that you can have an idea of how your case will proceed. We will keep you informed throughout the process and we strive to return telephone calls and emails promptly. We make probate our business so you can get on with the business of living your life. Contact our office today to speak with a lawyer.
In addition to intestate succession issues, our Dallas office handles matters involving disputes over a last will and testament, powers of attorney, estate planning, and business law matters. We are ready to assist you.