Before a will is administrated, in Texas, it must go through the probate court first. The probate court settles all claims against the estate filed by creditors. The heirs cannot acquire any assets or properties until a settlement is made.
Where to Start
Estate owners could make provisions in their estate plan to address creditors. In most cases, they could acquire insurance to pay off their mortgage if they die before it is paid in full. However, some estate owners don’t get this opportunity. The first step is to verify that the debt is valid.
Once the court verifies the debt, the family is contacted. The family of the estate owner could settle the debts on their own. Heirs who wish to settle with these creditors for a reduced value should hire a immediately.
Challenging the Validity of the Will
The point of challenging the validity of the will is to determine if the estate owner made decisions under duress. For example, if the estate is larger than average, the family may challenge the will if a romantic partner receives a larger portion of the estate. If the estate owner wasn’t married to this individual, the family could step in and require validation.
The Circumstances of the Death
If the death of the estate owner is under investigation, the estate could remain in probate until the investigation concludes. If any family member or romantic partner is identified as a suspect, other family members could challenge the terms of the will. In a criminal investigation are larger than average inheritance could be deemed a motive for the crime. If the administrator of the will is identified as a suspect, the court could step in and require a reassignment.
A will identifies what family members receive the property and assets of an estate owner. However, in some circumstances, it is vital for the family to validate the terms of the will. To initiate this form of validation, the family must contest the will in court. To start this process, contact a probate lawyer near Azle TX and file a claim.
