Texas Inheritance Law Determines How Real Estate Inheritance is Transferred Including What Beneficiaries and Heirs Receive Property Upon The Death of A Loved One by Texas Real Estate Inheritance and Texas Rightful Heir Lawyer Jason S. Coomer
It is very common to see a family taken by surprise when a loved one dies. In many of these situations no proper estate planning has been done and real property will need to be transferred. For this reason, families commonly need a Texas Real Estate Inheritance and Family Heir Lawyer to help clear title to and transfer Texas real property. More specifically, the lawyer can determine what needs to be done to claim, protect, and transfer Texas inherited property.
For questions on a Texas Real Estate Inheritance and Family Heirs, please send an e-mail message to Texas Real Estate Inheritance and Family Heir Lawyer Jason S. Coomer or use our contact form to submit.
In Situations Where There is No Will and The Heirs Cannot Agree, An Heir Cannot Be Found, or a Minor is Involved A Suit to Determine Heirs Often Needs To Be Filed To Clear Title to and Transfer Texas Inherited Real Estate
As a Texas Intestate No Will Real Estate Attorney, Jason Coomer helps families file Suits to Determine Heirs in order to clear title to Texas real estate and other estate property. In situations where the decedent died with no will and the estate has real property and substantial assets that need to be transferred, it will usually be necessary for a Texas probate court to determine who the heirs according to Texas law are. In these situations, the judge will appoint an "attorney ad litem" to represent the interests of potential or "unknown" heirs.
The suit to determine heirs or heirship proceeding includes that court selecting an ad litem to determine and verify the lawful heirs of the decedent. In handling intestate matters and suits to determine heirs, Jason S. Coomer works with families and administrators in filing pleadings and verifications as well as preparing for hearings. He commonly works with out of state heirs, family members, and administrators.
As a Texas Heirship Proceeding Lawyer, Jason S. Coomer helps rightful heirs gain clear title to Texas real estate, control of their lost loved one's estate to be able to sell stock, claim pensions, use bank accounts, claim oil royalties, transfer mineral interests, transfer real property, sell lake houses, transfer title to homes, claim unclaimed property, and transfer title to businesses or other real estate.
Determining Rightful Heirs Under Texas Law Is Not Always Easy
With a wide variety of different types of families including step family members, adopted family members, and distant family members, it is often difficult to determine who the rightful heirs are. Further, there can often be surprises as to who is really related to who as can be seen by the popularity of recent DNA and genology testing. However, the Travis County Probate Court has created a chart with basic information on who inherits community property and separate property after the death of a family member. The chart is located at the following web page: Travis County Texas Probate Court Texas Descent and Distribution Chart. However, it is often best to consult an attorney to verify who are the rightful heirs to inheritance under Texas law.
Small Estate Affidavits and Affidavits of Heirship Have Limited Ability to Transfer Texas Inherited Real Estate
There are options to a Suit to Determine Heirs, but they are limited. The small estate affidavit is extremely limited and can only be used when the estate is extremely small and has no debts. Further, there are limits as to who can transfer real property and what Texas real property can be moved through a small estate affidavit. Additionally, some inherited Texas real property can be moved through an affidavit of heirship. However, there are also limits on affidavits of heirship and many title companies will require a full suit to determine heirs to ensure all heirs are properly included in any sale. Further, with the affidavits of heirship all heirs have to be in agreement on how to handle the property and there cannot be any minors. Further, many national banks do not allow affidavits of heirship when they hold a mortgage on real property. Both of these may be a less costly alternatives to a suit to determine heirs, but have significant limitations and often are not a viable option for heir who want to sell inherited real property.
Texas Suit to Determine Heirs and Dependant Administrations
Unfortunately, sometimes heirs cannot agree to how an estate should be divided or be administrated, in these situations the estate has to go through 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 because any independent administrator will not be trusted by all of the heirs and any of the actions of the administrator will be questioned and attacked. To prevent these attacks based on breach of fiduciary duty, the dependant administration through a probate court will allow the estate administration to be done with the approval of the court. These dependant administrations are expensive and slow, but sometimes they are necessary. Having a probate lawyer assist you through a dependant administration is almost essential when dealing with a large estate.
When Real Estate is Involved in a Texas Inheritance Lawsuit or Texas Contested Inheritance Lawsuit It is Sometimes Necessary to Partition Real Estate or Force a Sale of Probate Real Estate to Clear Title byTexas Partition in Kind Probate Real Estate Lawyer and Texas Partition by Sale Inheritance Lawyer
In simple terms a real estate partition is dividing real estate interests. When real estate is a large tract of land and owned by several different owners, a partition may be done as a partition in kind by dividing the land into sections so each owner ends up with a separate, but equal portion of the real estate. This partition process can be simple or complex depending on several factors including the type of real property that is being divided and the determination of the owners to litigate. The goal in a partition is to make sure that the division or partition is fair among the owners. However, when the real estate is a house, building, or other unique real estate a partition may be impractical or impossible. Some real property just cannot be divided by the owners including a house or building. In dealing with such unique property, the partition may need to be a partition by sale.
A partition in kind is a division of the property itself, whereas partition by sale constitutes a forced sale of the land, followed by division of the profits thus realized among the owners of the real estate. A common example of the partition by sale occurs when more than one person inherits a house or building.
When Does a Real Estate Partition by Sale Occur?
A Real Estate Partition commonly occurs after heirs or beneficiaries inherit a house or other real estate that cannot be divided. In some instances all or some of the heirs or beneficiaries live out of state or have their own homes and have no need for another house. In other instances one or more of the heirs or beneficiaries do not want a house and the other heirs cannot afford to purchase that heir's interest in the house or building. In these situations, a real estate partition by sale may be necessary.
Protecting Texas Rightful Heirs From Fraudulent Will and Transfers
In many situations, families including rightful heirs lose Texas inherited real property and other wealth to fraud, theft, forgery, and the passage of time. If someone close to you has died, and you need to protect your inheritance, it is important to understand what needs to be done to contest a fraudulent will, forged will, or forged deed. A Texas Probate Lawyer can often assist you in properly filing a will contest or suit to determine heirs as well as help rightful heirs claim inherited real property.
Texas Real Estate Inheritance and Family Heir Lawyer Helps Families and Rightful Heirs Throughout The Greater Austin and Central Texas Area
Texas Real Estate Inheritance and Family Heir Lawyer, Jason Coomer handles real estate partition lawsuits in Travis County, Williamson County, Bastrop County, Comal County, Blanco County, Llano County, Bexar County, and Hays County as well as works with other Texas real estate probate partition lawyers across Texas including Dallas County, Harris County, Fort Bend County, and Tarrant County. He works with Houston Real Estate Partition Lawyers, Dallas Real Estate Partition Lawyers, and several other Texas Probate Real Estate Partition Lawyers.
Lawyer Jason Coomer represents heirs, family members, and beneficiaries that have inherited real estate and want to partition or divide real estate including forcing sales of buildings, commercial real estate, farms, mineral interests, lake houses, ranches, houses, or other real property. He handles real estate partition lawsuits in central Texas including Travis County, Williamson County, Bexar County, Bastrop County, Burnet County, Llano County, Blanco County, Comal County and Hays County as well as works with other Texas probate lawyers across Texas including Dallas County, Harris County, Fort Bend County, and Tarrant County.
Texas Real Estate Inheritance and Family Heir Lawyer Works With Heirs, Beneficiaries, and Other Lawyers Throughout Texas, The United States and The World to Claim, Protect, and Transfer Texas Inherited Real Estate
Sometimes co-owners of real property cannot agree on how the property will be used or if it will be sold. In these instances, it is sometimes necessary to file a real estate partition lawsuit or a real estate forced sale lawsuit to divide the land, commercial property, lake house, mineral interest, or other real property. For questions on a Texas Real Estate Partition Lawsuit, Texas Inheritance Real Estate Partition Lawsuit or Texas Probate Real Estate Forced Sale Lawsuit, please send an e-mail message to Texas Real Estate Inheritance and Family Heir Attorney Jason S. Coomer or use our contact form to submit.
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