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 Texas Family Real Estate Lawyer Jason S. Coomer Helps Texas Families Property Real Property and Family Inheritance by Texas Family Real Estate Inheritance Lawyer Jason S. Coomer

Texas Family Real Estate Lawyer Jason Coomer helps Texas families protect family real property.  He commonly works with Texas families and Texas families with out of state family members to transfer Texas family real estate and clear title to Texas real property.  These issues commonly include probating Wills, contesting Wills, fighting will contests, claiming estate property, filing suits to determine rightful heirs of estates, filing breach of fiduciary duty lawsuits, and representing estate administrators.  For questions on Texas real property inheritance matters, please feel free to send an e-mail message to Texas Family Real Estate Inheritance Lawyer and Texas Real Estate Inheritance Lawyer Jason S. Coomer or please feel free to use our contact form.

Protecting Family Real Estate Through Probate From The Government and Other Loss by Texas Real Estate Probate Lawyer Jason S. Coomer

As a Texas Family Real Estate Inheritance Lawyer, I am seeing an increasing number of Texas families lose their family's real estate to governmental entities and vultures that purchase real estate at foreclosure sales for pennies on the dollar.  In many instances the owner of the real property passes away and the real property gets stuck in the probate process.  The family does not have the information or resources to pay the taxes or clear title to the property.  In many of these situations, time and delay works against the family until the real property is taken by the government and sold for pennies on the dollar.

Below are some of the common traps that families fall into that allow their real estate to be lost or taken as well as some suggestions on how to avoid or navigate out of these traps.

The Privacy Trap: Lack of Information and Resources Can Result in the Loss of Real Property

The most common trap is the privacy trap where the owner of real estate handles all the finances for the family and does not communicate as to what real property is owned or what other assets are available to maintain the real estate.  This is a common trap because many people do not want to share their financial information.  Most people want to control their finances through their entire life.  Further, as many people age and start to lose their physical strength, they feel more vulnerable making them less likely to share information on their wealth even with family members and loved ones.  

In many of these situations when the owner dies or becomes incapacitated, the family will be busy grieving their loss and how to deal with guardianship issues or funeral issues and not have the necessary information or resources to deal with the family's real estate.  This often creates a situation where real property can be lost through inaction or taken by opportunists.

Communication and organization are keys to avoiding this potential privacy trap.  Having detailed records of real estate and other assets can help prevent both from being lost.  These records need to be kept in a safe place and accessible for loved ones to obtain if death or incapacity occurs.  Further, communication of asset information and the decedent's wishes prior to death or incapacity are also important, but these conversations can be difficult as most people do not like to think of their own potential incapacity or death.  

The Fear of Death Trap: Lack of Estate Planning Can Result in Unintended Issues And Problems

The fear of death trap is also a common trap that can cause real estate to become trapped or lost through lack of estate planning.  Most people have a fear of their own death and many will not want to envision a time when they are not alive.  This fear will prevent many people from doing any type of estate planning which can result in real estate and other property being lost.  In some situations, a person's estate is inherited by minors or long lost relatives.  In both of these situations, the lack of estate planning can result in the inheritance by minors or long lost relatives to require the person's estate to have to go through additional and often costly court administration including appointment of ad litems and a dependent administration to properly transfer the property.  In both of these situations additional court costs, legal fees, and necessary proceedings can result in a family delaying or not moving forward with the probate process to clear title to real estate.

Further, there can be other unintended consequences where property is given to heirs that do not get along.  In many of these situations the family begins to fight over the estate.  These fight can tear a family apart, prevent a family from moving forward with the probate process, and/or last years as each side will not agree with the other to moving forward with a simple administration.

In all of these situations and many other situations where estate planning is not done, a person's real estate can get stuck as the lawful heirs do not know how to transfer the real property, refuse to allow real property to be transferred to other family members, or do not have the resources to go through an expensive probate lawsuit.

Estate planning with a lawyer is typically the best way to avoid this trap.  Estate planning may cost some money and be a difficult issue to face, but it can often save substantial amounts of money and assets as well as avoid contested probate litigation.  Ignorance of estate planning and probate can be extremely costly to many families and will result in the loss of substantial family assets including mineral interests, family farms, houses, commercial property, investment property, lake houses, condos, and other real estate.  

The Medicaid Trap: The Government Will Take More Family Real Estate in The Future 

In the past, families that had a loved one that needed to go into a nursing home used to be able to transfer that person's property to a family member and then seek Medicaid to help pay for nursing home and medical expenses.  Those days are now gone.  Transfers of assets to make a person eligible for Medicaid benefits now need to be made at least 60 months (5 years) prior to applying for benefits.  This puts families in a difficult situation where family assets would need to be transferred out of the elderly person's control well before there is any need for Medicaid benefits.  This early transfer could be beneficial for the family, but could also cause substantial problems for the person transferring all their assets as they would have to trust and rely on their family to continue to take care of them when they may still be physically and mentally fit.   However, if the person keeps their home and other assets, they may not be able to qualify for Medicaid when they need it or they may leave a home with a substantial Medicaid lien on it to their family. 

The Medicaid trap is probably the most difficult of the probate real estate traps and will continue to become more problematic as health care costs continue to increase, more people need Medicaid benefits, and the government continues to change Medicaid rules to seek more resources in order to continue to provide Medicaid benefits. 

 

Texas Contingent Probate Lawyer, Contingent Death Benefit Lawyer, and Texas Contingent Estate Collection Lawyer Helps Heirs and Benefits Collect and Transfer Estate Assets Including Royalties, Real Estate, and Mineral Interests by Texas Contingent Probate Lawyer and Texas Contingent Estate Asset Collection Lawyer Jason S. Coomer

In some situations family assets cannot get transferred or collected by their rightful heirs or beneficiaries because the heirs and beneficiaries cannot afford the cost of probate and other transfer costs.  In these situations, a Texas Contingent Probate Lawyer or Texas Contingent Death Benefit Lawyer that works on a percentage of the estate property can help heirs and beneficiaries transfer estate property to rightful heirs and beneficiaries. 

In these situations, the Texas Contingent Probate Lawyer or Texas Contingent Death Benefit Lawyer will typically need to see that there are actual significant assets in the estate and who the rightful heirs and beneficiaries are of the estate.  In these cases, bank statements, life insurance policies, royalty statements, mutual fund statements, retirement fund statements, real property deeds, property tax information, and other evidence of the estate assets can be useful in determining the approximate value of the estate and if a contingent contract for probating the estate can be viable. 

- See more at: http://www.texaslawyers.com/coomer/texascontingentprobatelawyer.htm#sthash.ZMCGBhm0.dpuf

As A Texas Contingent Probate Lawyer, Contingent Death Benefit Lawyer, and Texas Contingent Estate Collection Lawyer, Jason S. Coomer, Helps Heirs and Benefits Collect and Transfer Probate, Non-Probate, and Estate Assets Including Royalties, Real Estate, and Mineral Interests

In some situations family assets cannot get transferred or collected by their rightful heirs or beneficiaries because the heirs and beneficiaries cannot afford the cost of probate and other transfer costs. In these situations, a Texas Contingent Probate Lawyer or Texas Contingent Death Benefit Lawyer that works on a percentage of the estate property can help heirs and beneficiaries transfer estate property to rightful heirs and beneficiaries.

In these situations, the Texas Contingent Probate Lawyer or Texas Contingent Death Benefit Lawyer will typically need to see that there are actual significant assets in the estate and who the rightful heirs and beneficiaries are of the estate. In these cases, bank statements, life insurance policies, royalty statements, mutual fund statements, retirement fund statements, real property deeds, property tax information, and other evidence of the estate assets can be useful in determining the approximate value of the estate and if a contingent contract for probating the estate can be viable.  For more information on a Texas Contingent Probate Lawsuit or Texas Contingent Non-Probate Matter, please feel free to go to the follow web page:  Texas Contingent Probate Lawyer and Death Benefit Collection Lawyer.

Texas Probate, Inheritance, Estate, Testate, and Intestate Law, Information, and Links by Austin Texas Probate Lawyer and Austin Texas Inheritance Lawyer

As an Austin Texas Probate Lawyer and Austin Texas Inheritance Lawyer, Jason Coomer works on a variety of different types of Texas Probate, Inheritance, and Estate Matters.  In helping families with Texas inheritance and probate matters including probating Wills and determining heir through intestate matters, he has encountered many issues.  Some common issues are discussed in more details on other web pages.  For more information on Texas Inheritance, Estate, and Probate Law, please go to the Texas Probate Blog or the following web pages:

Texas Probate Law Basics

If there is a Will, the Will will need to be probated.  Under Texas Probate law the probate process is a fairly simple process.  In fact, Texas has the simplest and least expensive probate law in the nation.  However, it is a good idea to have a Probate attorney walk you through the process as there are several rules that need to be followed.  

Without a Valid Will or proper Estate Planning in Texas, a person's property will be distributed under Texas intestate law.  Unfortunately, this can sometimes mean that the estate may be a dependant administration where the Court has to approve all distributions, guardianships, and sales of property.  A dependant administration can be expensive, but sometimes it is the best way to probate an estate.  Having a probate lawyer assist you through a dependant administration is almost essential when dealing with a large estate.

Under Texas Intestate law, a surviving spouse does not always inherit the estate.  In fact, parents and siblings of the deceased can inherit portions of property that prevent a surviving spouse from selling property.  Further, if minor children are involved their interests in real estate can prevent sale or refinancing unless there is a court order or a designated ad litem or guardian.  The name of the game in Probate Law is to plan before hand.  If this was not done or if the estate planning was done incorrectly, make sure that you have a good attorney to help you through the probate process.

If someone close to you has died and you need to obtain control of assets or even worse if there are others that are attempting to wrongfully seize assets, make sure that there is someone to look out for your interests.  Someone to assist in seeking inventories and obtaining an accounting as to what has been spent and what needs to be done to free up property and assets.

Central Texas Probate Lawsuits, Central Texas Estate Lawsuits, Central Texas Inheritance Lawsuits, and Central Texas Uncontested Probate Lawsuits

Austin Texas Probate Lawyer, Jason Coomer works with families and friends that have lost someone and need help navigating the Travis County Probate Court, Williamson County Court #4, Bexar County Probate Courts, and the Hays County Court.  He also drafts Wills and Trusts to protect the wishes and best interests of his clients.  For questions on Probate Administration, Estate Planning, or Wills and Trusts, please e-mail Austin Probate Attorney Jason S. Coomer at jason@texaslawyers.com or use our contact form The Law Offices of Jason S. Coomer.


Austin Texas Probate, Guardianship, Inheritance, Trust, Will Contest, and Real Estate Lawyer


The Law Offices of Jason S. Coomer, PLLC
406 Sterzing, Second Floor
Austin, Texas 78704

(512) 474-1477
jason@texaslawyers.com

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Law Offices of Jason S. Coomer, PLLC
A Texas Law Firm
406 Sterzing, Second Floor
Austin, TX 78704
Toll Free: (512) 474-1477
Phone: (866) 474-1477
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Texas Lawyer Jason Coomer

Texas Lawyer, Jason S. Coomer, has extensive experience in practicing law and handles legal matters in a variety of practice areas. These practice areas include the following: