Understanding the major steps in a probate lawsuit in San Antonio
The demise of a loved one can be tragic and tedious to overcome. In rare cases, it is only after the demise you realize the value and worth of a person. Especially when the deceased has left a portion of his/her valuable assets for you.
Now you have to file a probate, find a good probate lawyer, and pursue the lawsuit so that the deserving property is handed over to you by the executor of the estate.
Often the executor is the sole institution that has the authority to issue and allocate the assets of the deceased. An executor is designated by the court. This way, the legality of the position of executor is not questioned.
In probate with a will, the executor is often specified in the will. If that is the case, then the court has minimal interference in the further proceedings until a family member or person specified in the will object to the integrity of the allocation.
Things to understand while pursuing probate
Remember that probate is always necessary to determine the rightful heirs and to ensure the allocation of assets of the deceased without complications.
If you are someone pursuing probate in San Antonio, then having a basic understanding of the legalities involved in probate can be helpful. Firstly, it is important to know that probates are of two types – Probate with will and without will.
Secondly, you should understand that all the assets of the deceased will not come under probate. Certain assets can stand outside the probate lawsuit. For example, certain bank accounts, investment accounts, life insurances, etc already have nominees prescribed at the time of joining the insurance or opening the account.
So for such assets, contending in a court for ownership is not appreciated. But still, in some rare cases, there are claims on the non-probate assets as well.
Probate lawyers work closely with you and your family members to understand the familial hierarchy to devise a master plan which will get you the assets you deserve. A court always stands with the party that can produce the most viable evidence in the shortest period. So, a swift response to every action is crucial while pursuing a probate lawsuit.
To sum up, always remember that probate can be followed up only with the help of a skilled attorney. Never attempt to pursue probate without an expert attorney. If you do so, then the chances of rightful acquisition of assets are not possible.