It is understandable for you to be going through a difficult time after a loved one passes away. In addition to the emotional grief, you may also have to deal with how to handle their remaining assets and debts. The compassionate estate planning attorneys at Romano & Sumner can ease your burden and help you with your loved one’s property in the probate court.
Estate distribution in Sugar Land can be complicated, especially if the deceased did not have a will in place. Having a lawyer to navigate the challenges can make the process smoother, allowing you and your family to move forward.
One of the earliest tasks after someone passes away is to take an inventory of their entire estate. This includes assets such as real property, investment accounts, and personal items, but also encompasses any debts owed, particularly state and federal taxes.
In addition to the decedent’s heirs and beneficiaries, their creditors must be notified so they can put in a claim for what they are owed. These can be settled by using any cash assets, but if this is insufficient, then it may be necessary to sell off properties or business interests.
However, the debt must be valid, and the creditor must follow the required steps to make their claim. There are also ways to exempt certain properties from being used to pay off the obligations. A skilled attorney can provide guidance on this part of the estate administration process and ensure that the debt claims are valid, while also protecting the family’s properties in Sugar Land from creditors.
After the debts are settled, it is time to determine how the family and descendants will distribute the remaining assets. The complexity and length of this procedure depend on whether the decedent had a will or died intestate, the legal term for not having a will.
The will is a document that spells out the deceased’s desires for how their property is to be divided among the beneficiaries. While everything must still go through the probate process, having a will gives the court a roadmap. Even if a document exists, however, disputes about its validity can still arise, which can prolong the process.
If the will is found to be invalid or there is none, the probate court divides the assets according to the Texas Estates Code. Factors that affect this division include whether a surviving spouse and children are present, whether all children are from the marriage with the surviving spouse, the characterization of assets as separate or community property, and whether an asset is classified as personal property or real property.
Every situation is different, so it is essential to consult with an experienced attorney to determine how assets will be divided in the Sugar Land probate court. This will minimize delays and provide clarity on the outcome.
If your loved one has passed away and you need help with their estate distribution in Sugar Land, come and talk with a lawyer at Romano & Sumner. Our team can handle the legal process, allowing you to spend more time with your family.
We understand that this is a challenging time, and we are here to provide support throughout the process. Call today to set up a meeting with one of our attorneys.
Romano & Sumner, PLLC
