Houston Estate Planning Lawyer Whitney L. Thompson Explains the Process of Settling an Estate in Absence of a Will

Harris, Texas –

Houston estate planning lawyer Whitney L. Thompson releases a new article (https://www.wthompsonlaw.com/the-process-of-settling-an-estate-in-absence-of-a-will/) explaining the process of settling an estate in absence of a Will. The lawyer mentions that according to a study, the overall percentage of older Americans without a will remains unchanged. Younger adults, however, show an increase of sixty-three percent compared to pre-pandemic times. These younger adults typically cite COVID-19 as the impetus to start taking estate planning seriously.

“Dying without a will (dying intestate) or dying with an invalid will cause logistic problems, becoming financially and emotionally draining on the loved ones you have left behind. In the absence of a will to name an executor, the state will provide a list of people eligible to fill the role. Should probate court be necessary, the court will make a selection based on this list,” says the Houston estate planning lawyer.

The lawyer explains that a surviving spouse or a registered domestic partner is the first choice to settle a will. If there is no spouse or partner, adult children will be next on the priority list. After the child, the parents or other close family members related by blood will be the next choice to settle the will.

Attorney Whitney L. Thompson adds that in the rare cases where the state is not able to find a next of kin. In such cases, the assets will end up in the state’s coffers. If the heirs are more distant next of kin, they may require an affidavit notarizing them to be heirs to the estate property and present documentation requirements to transfer ownership of assets.

In the article, attorney Thompson further explains, “Inheriting under intestate succession laws may require an heir to live a certain amount of time longer than the decedent. Depending on the state, this can be 120 hours, five days, or merely having outlived the decedent for any period of time qualifies them as an heir. If an heir dies, close relatives such as the deceased person’s child may inherit all or some of what their parent would have received.”

Lastly, the lawyer emphasizes the importance of having a skilled probate attorney when dealing with matters involving the probate process. Having an experienced estate attorney may be able to help an individual understand their rights and help them prepare for the future of their loved ones.

About The Law Office of Whitney Thompson, PLLC

Attorney Whitney Thompson is an experienced family law attorney who helps clients deal with family law matters such as divorce or legal separation. Attorney Thompson also deals with guardianship, probate, and estate planning matters. As an experienced divorce lawyer, attorney Thompson and her legal team have helped families have a smoother divorce process and plan for their future more thoroughly. To schedule a consultation, call (281) 214-0173.