Dealing With Heirs for a Probated Estate in Texas
Anytime property and/or money is involved, there can be some sensitive dynamics. As an executor, you can encounter this whether you’re a member of a close-knit family of heirs or you’re a professional attorney. However, there are a couple of things you can do to keep heirs calm and patient when you’re handling an estate.
Keep Heirs Informed
As the executor, you have little obligation to coordinate and cooperate with heirs. However, it’s in everyone’s best interests if you keep them informed of the overall situation, including major decisions, expected timelines, asset distribution allocations, etc.
Of course, you may still encounter some unexpected turbulence. No matter how good your communication is, rifts can develop between heirs and executors because of stress.
Unfortunately, a bad situation can escalate, especially when heirs don’t know what is happening and start to imagine the worst. Stories abound of family members that stopped speaking to each other for years (or forever) or sued each other or the executor when miscommunication led to things spiraling out of control.
Optimize Asset Distributions
Even though the will may contain specific bequests that you’re obligated to do your best to honor, as executor, you have significant freedom in dealing with estate assets. For example, you may have to sell some assets to pay estate debts, or you may choose to sell some assets simply to make it easier to distribute the proceeds, such as selling a car so you can split the cash between multiple heirs.
When the time comes for you to distribute specific assets, you have considerable leeway in deciding who gets what, as long as you don’t discriminate and the total value distributed matches the amounts or percentages specified by the will or court.
Of course, heirs will often have preferences concerning these decisions, and it’s best for everyone if you do your best to accommodate their wishes (when reasonable and possible). For example, if an heir has their heart set on their mother’s wedding ring, it would be better to sell a less desired asset if you need cash to pay a debt.
Legal Protections
As long as you act reasonably and honor your fiduciary duty, you are reasonably well insulated from personal lawsuits. However, disgruntled heirs sometimes sue the estate, so keeping them as happy as possible is in your best interest.
If you feel the need, a lawyer can help you deal effectively with heirs by explaining complex situations with authority, presenting bad news, or simply serving as a buffer between you and any contentious heirs or issues. A lawyer can also help ensure you don’t violate any laws during the distribution process.
Questions Concerning Probate and Real Estate?
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Serving as an executor can be all-consuming. Certain aspects of settling an estate require significant time and effort, like handling an estate’s real estate holdings.
EstateExec is an online service that helps estate executors perform their duties. Every year, more than 3M people die in the US and Canada, and by law their estates must be settled, with this responsibility often falling to a family member. Although the primary user of EstateExec is the estate executor, it's also common for the original estate owner to purchase a license in advance of his or her death, to make the executor's job easier.
If you have questions concerning probate and real estate in Tarrant, Parker, Wise, Collin, Denton, or Dallas County, contact David Pannell and Cities Real Estate. David has extensive experience helping families with their real estate needs before, during, and after the probate process.
David has been an agent/realtor since 2005. He has served as a United States Marines, City of Arlington police officer, and is a dedicated family man. You can trust him to put your interests first in any and all situations.
Call David today at (817) 797-9047 for help with your real estate and probate needs. You will be treated respectfully, and your requirements will be met efficiently and confidentially.
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NTREIS data last updated December 2, 2023.
Why Hire Us?
We help FAMILIES GOING THROUGH PROBATE with all the tasks that the attorneys don’t do. We find that most people need help with cleaning out the houses, assist the executors in finding the right estate sell companies in the area, help with donating personal property the family doesn’t want. We even educate you with small recommendations that will improve the property to get a better price; because so many investors are trying to buy estate properties for 40-50% of their value. Some of our best clients have come from the PROBATED Estates. with understanding the family’s goals then offering you some options to choose from.
We have expertise in HELPING Personal Representatives get to their desired outcome FASTER, SMOOTHER, and with MUCH LESS STRESS! We have built an entire team and service hub around the probate process, that will allow YOU to focus on YOUR busy life and not worry about all the details.
Let US help you gain COMPLETE control of the probate process. Working with the Probate Services team will reduce the stress of dealing with this major g this life transition.
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