Houston Wills Attorney Testamentos y Herencias

Houston Wills & Heirship Lawyer

Serving Individuals in Harris County and Contiguous Counties

Wills and heirships allow the estates of deceased individuals to be transferred to their loved ones after they have passed. These are legal documents that must be drafted and finalized according to Texas law. The Mora Law Firm P.L.L.C. provides professional help and guidance in these matters to ensure that your documentation fulfills Texas state legal standards.

Whether you are looking to draft and finalize a Last Will and Testament or you are the heir of someone that passed away without a will and needs to establish heirship and an administration of the Decedent's estate, attorney Mora can help. She provides these services to the Hispanic community throughout the greater Houston area with personalized one-on-one service. She serves the community with honesty, integrity, and competence.

Talk to La Abogada de la Comunidad Mayra Mora about your legal needs in a consultation. Call The Mora Law Firm P.L.L.C.at (832) 346-6330 or contact us online to make an appointment today. Hablamos español.

Commonly Asked Questions

What is the process for creating a will in Texas?

Creating a will in Texas involves several important steps to ensure that your wishes are legally recognized. First, you need to determine the assets you want to include in your will and who will inherit them. Next, it's essential to draft the will according to Texas law, which requires it to be in writing, signed by you, and witnessed by at least two individuals. Once the will is finalized, it should be stored in a safe place, and your loved ones should be informed of its location.

How can I establish heirship if someone passed away without a will in Houston?

If someone has passed away without a will in Houston, establishing heirship is crucial for transferring their estate to the rightful heirs. This process typically involves filing a petition with the probate court to determine the heirs according to Texas intestacy laws. The court will review the evidence, which may include family trees and other documentation, to identify the legal heirs. Once the court issues an order of heirship, the estate can be administered accordingly.

What are the benefits of having a will in place?

Having a will in place offers numerous benefits, including ensuring that your assets are distributed according to your wishes after your passing. It allows you to designate guardians for minor children, which is crucial for their care and upbringing. A will can also help minimize disputes among family members, as it provides clear instructions on your intentions. Additionally, having a will can expedite the probate process, making it easier for your loved ones to manage your estate.

What should I consider when choosing an executor for my will?

Choosing an executor for your will is a significant decision that requires careful consideration. The executor will be responsible for managing your estate, ensuring that your wishes are carried out, and handling any legal obligations. It's essential to select someone you trust, who is organized, and capable of making sound decisions. Consider their availability and willingness to take on this responsibility, as it can be time-consuming. Additionally, think about whether they have the necessary knowledge of financial and legal matters. Consulting with an attorney can provide guidance on selecting the right executor for your specific situation.

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What Does a Last Will & Testament Do?

Without a last will, you will pass away “intestate.” This means that you have not documented how you would like to pass your property and assets on to your family and beneficiaries. Without a will, your estate will be passed on in probate court according to the laws of Texas with no information from you as to what you would have desired.

A last will allows you to state your intentions and instructions about how various matters should be arranged after your death.

A last will does the following:

Names someone you trust to be the executor who will be in charge of administering your estate
Lists your assets and property and personal belongings
Names your heirs and beneficiaries, what you want them to have, and when they should receive their inheritances or assets
Names a guardian for any minor children you may leave behind as well as someone to manage the estate you leave them

What Is an Affidavit of Heirship?

An Affidavit of Heirship is a document that can be created under Texas Estates Code 203. This is a document that allows the property of someone who has recently died to be transferred to their legal heirs. Legal heirs are only family members who stand to inherit due to their familial blood. Beneficiaries and others unrelated to the deceased are not heirs. This document is generally used when the person who has died did not have a last will or when one existed but it was not probated through the courts within four years of the date of the person’s death.

To create an Affidavit of Heirship, you must have two people who knew the deceased person and his or her family for a while. These people must be “disinterested” parties in that they are not related to the deceased and thus will not benefit from any type of inheritance. These parties can be family friends, neighbors, coworkers, church, or other social club members with whom the deceased person was known. These individuals will both need to sign the Affidavit, attesting to the fact that they knew the deceased person, his or her family members, including you, and that you are related to the deceased.

The Affidavit must be notarized and then filed with the County Clerk where the deceased person’s property is located. This allows the County Clerk to transfer ownership of property into the names of those declaring heirship.

Attorney Mora can assist you with all aspects of this process, including where multiple assets and multiple heirs exist.

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