Probate is the legal process where authority over your property is passed to someone else under court supervision and control. After the court determines that your will is valid, the personal representative is responsible for taking control of your assets, notifying and paying any creditors, filing income and estate tax returns, and distributing your property as directed by the will or ordered by the court.
Unfortunately, the probate process is usually a costly and lengthy, frustrating and confusing legal process.
Sometimes there is no will prepared by the decedent to help direct the proceedings.
Sometimes the will is old or does not truly reflect the desires of the decedent, so it may be challenged.
Sometimes there is conflict among family members and emotional turmoil caused by grief and the loss of a loved one.
At Voeller Law Firm, our probate attorneys are sensitive to family dynamics and the common problems encountered in probate cases. Our goal is to help execute the will or trust, distribute assets as required by law, and avoid unnecessary conflict.
Avoiding Probate
While you are alive and healthy, you have the authority to control your property and financial affairs. When you pass away, someone else needs to be given authority to control, manage and distribute your property.
Unfortunately, some property in probate courts has unconfirmed owners or the owners died without leaving a will and probate of the estate never took place, making true ownership anyone’s guess. This is the exact situation in a sleepy Texas town involving a forgotten piece of land near the Rio Grande which has remained in probate courts for over a decade as the search for the owner continues.
This shows the urgency of creating a carefully drafted estate plan during your lifetime. It can help avoid the costly probate fees, attorneys’ fees and taxes connected with a person’s death, and ensure that your assets are divided exactly as you wish.
Call us today at the Voeller Law Firm to schedule a free consultation at 210-985-2741. We have proudly served the greater San Antonio, Guadalupe County, and South Texas areas for over 35 years. We look forward to meeting with you.