Lubbock Probate Attorneys

Why Choose Beck Law Firm for Your Lubbock Probate Needs?

When considering a law firm for your probate needs in Lubbock, Beck Law Firm stands out for several reasons.

Our experienced team is dedicated to guiding you through the probate process with compassion and expertise. We prioritize clear communication and aim to make the legal aspects easily understandable for our clients.

Beck Law Firm Probate Practice Areas

• Intestacy
• Will Validation
• Estate Administration
• Estate & Inheritance Tax
• Guardianship & Conservatorship
• Creditor Claims
• Asset Inventory & Appraisal
• Spousal Rights & Elective Shares
• Ancillary Probate

What Is Probate?

Probate is the legal process through which a deceased person's estate is administered and their assets are distributed according to their will or, in the absence of a will, according to state law. This multifaceted process involves validating the will, identifying and appraising the deceased person's assets, settling debts and taxes, and distributing the remaining assets to the heirs or beneficiaries.

Probate ensures a systematic and lawful transfer of property and resolves any outstanding financial obligations. While the specifics can vary by jurisdiction, understanding the basics of probate is essential for anyone involved in estate planning or dealing with the affairs of a deceased loved one.

Common Probate Issues

Some common probate issues include:

• Will Contests: Disputes over the validity of a will are one of the most common issues that arise during probate. Grounds for contesting a will could include allegations that the decedent was not of sound mind when the will was created, that the will was forged or altered, or that undue influence was exerted on the decedent by another party. A will contest can greatly prolong the probate process and increase tensions between family members.
• Disputes Over Asset Distribution: Even when a valid will exists, disagreements may arise among heirs or beneficiaries regarding the distribution of assets. This could involve claims that the will’s provisions are unclear, unequal, or unjust. These disputes can result in prolonged litigation, delaying the final settlement of the estate.
• Executor Misconduct: The executor or administrator of an estate has a fiduciary duty to act in the best interest of the beneficiaries. If an executor mismanages estate funds, fails to follow the terms of the will, or engages in fraudulent behavior, they can be held accountable for breaching their duties. Such misconduct can lead to legal action, adding more time and complexity to the probate process.
• Complex Debts and Tax Obligations: The decedent’s outstanding debts and taxes must be settled before any assets can be distributed to beneficiaries. In some cases, the estate may face complicated financial situations, such as unresolved debts, tax liens, or the need to liquidate assets to cover these obligations. Navigating these financial challenges requires a thorough understanding of probate laws and estate management, which is where the guidance of an experienced probate lawyer becomes essential.
• Missing Heirs or Beneficiaries: In some probate cases, heirs or beneficiaries may be difficult to locate. This can cause significant delays in the probate process, as the court must ensure that all entitled parties have been given proper notice and an opportunity to claim their share of the estate. Missing heirs can also create legal challenges if there are disputes over who is entitled to the decedent’s assets.
• Intestate Succession Issues: When an individual dies without a will, the estate is distributed according to Texas intestate succession laws. These laws prioritize close family members, but disputes can arise when extended family members or potential heirs from multiple marriages make competing claims. An experienced probate attorney can help navigate these complex legal waters and ensure that the estate is settled in accordance with state law.