A Wills Attorney in College Station Discusses Determination of Heirs
When the owner of an estate dies without a will a determination of heirs proceeding must be conducted. Sometimes a will is annulled or an asset is not included, in which case heirship is also in question. A wills attorney in College Station will work with you to determine heirship should a loved one died intestate.
A Wills Lawyer in College Station on How Heirship is Determined
A Texas probate court will look at several issues in determining who is the rightful heir to an asset or estate. A wills attorney in College Station will work with you in probate court to ensure that your rights are represented.
The issues in question at a determination of heirship hearing are:
- Are there any surviving family members? If the decedent has a living spouse, he or she will be the rightful heir to any assets that fall under the umbrella of community property.
- Texas law provides that ownership of community property is shared equally between the spouses. Such is not the case, however, with separate property. The probate court's second concern will be whether certain assets are separate from the community property. As a wills lawyer in College Station will tell you, the surviving children of the decedent have first rights to separately owned property. Such property can include certain assets obtained prior to the marriage.
- The final consideration that the probate court will have is how assets will be distributed. As a wills lawyer in College Station can attest, this can be more challenging than one might imagine. For instance, the decedent may have had several children, one of whom has passed. However, that child may have surviving children who may be considered the rightful heirs to the deceased child's share.
Call a Wills Attorney in College Station if You Have Questions or Concerns