Suddenly you lose your mother/father, and everything changes. Your older sister, who has always looked after you, is against a fair distribution because she accuses you of having benefited from the inheritance advances all your life. Her brother, with whom your relationship has deteriorated since your parents’ death, insists on blocking the inheritance.
Then you learn that your parents are disinheriting you in favor of your younger brother and you feel unfairly treated. Or your spouse divorces you, and there is a separation of property. What options does inheritance law offer you in the case of separation of property? These examples are just a small part of the reality that is sometimes difficult to believe and realize.
In addition to the pain caused by the loss of a parent, you experience all of these issues firsthand, and you feel utterly disturbed and saddened by so much meanness and greed. Your only hope is to hire an inheritance lawyer or probate lawyer in the case of real estate inheritance because only he can help you fight and win. A San Antonio Probate Lawyer can help you with your real estate inheritance.
Why engage a probate lawyer for the amicable regulation of an inheritance?
The amicable phase of the estate settlement is the mandatory prerequisite for the judicial division. If the heirs agree on the distribution of the assets, then the division can be qualified as mutual.
If the inheritance concerns movable or immovable property, the division must be carried out before a notary. This process consists of assigning property to each of the heirs at a value equal to their rights to the undivided property. The heirs have the opportunity to choose the content and conditions of the division.
A probate lawyer is, therefore, an indispensable aid since he will assist you in the appointments with the notary, in particular, to establish your rights in relation to your rank in the estate, and finally help you to reconstruct the estate of the deceased (Analysis of bank accounts, listing of donations and life insurance policies, etc.). Their main objective is to defend your interests by guiding you in the procedures to carry out.
Can the probate attorney draw up the will?
Are you preparing your estate? Should the notary or the lawyer draw it up? What is the deadline? What are the risks of missing the deadline? What should I do if there is an error in the declaration?
The declaration of inheritance must be submitted to the relevant office within a certain period after someone’s demise. It is a document listing all assets and debts of the deceased to calculate inheritance tax.
Sometimes it isn’t easy to meet the deadlines because the estate has complex elements (multiple heirs, divided estate, etc.). To avoid late payment penalties, it is important to consult a probate lawyer.
The probate attorney is a multidisciplinary lawyer, but above all, he is your best ally. He can assist you in every phase: from the establishment of the transfer of assets to the opening of the estate to the amicable or contentious settlement of the estate.
To take stock of your situation and define the areas of work, an initial meeting is arranged with the lawyers. This first consultation will be decisive for you! It seals the starting point of healthy and lasting cooperation.
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