Can I Leave My House to Someone in my Will?
Property is one of the most valuable things you can leave behind for a loved one. Houses, farms, ranches, and other real estate can be passed down from generation to generation. They can form lasting memories, provide homes for generations of a family, and be used for commercial purposes to support those closest to you. Many people are familiar with wills, which can be used to leave your property behind after you’re gone. However, when dealing with real estate, things can become more complex.
A will alone may not ensure your property passes to the right people. An improperly drafted will, a will which has not adhered to the correct formalities, or a will which was not probated timely can lead to disputes about who has proper title to your property. Title disputes are potentially time-consuming and expensive legal ordeals. If you or a loved one want to leave property behind after you’re gone, one of our team’s experienced and compassionate attorneys may be vital to ensuring your home stays in the family.
Why Might My Property Come Into Dispute?
Many people think it’s easy to leave someone else a house or property in their will. The truth is that real estate law can be challenging to navigate and isn’t always as cut-and-dry as it may seem. Ownership of property frequently comes into dispute for a variety of reasons. Some potential reasons property might come into dispute include, but are not necessarily limited to:
- You or a prior owner dying intestate
- Having vague will language
- Unresolved financial responsibilities
- Executing a will without mental capacity
Being intestate means dying without a will. Texas has specific laws dictating what happens to their property if someone passes away without a will. If property needs to be distributed, there is an order in which your loved ones can claim it, beginning with any surviving spouse or children, followed by parents, and then siblings. You must state in a legal document that you want your property to go to a specific person or multiple individuals.
Even with a will, vague language may throw into dispute what your intentions were. Many people attempt to draft their own wills, often with little legal expertise, leading to a situation where their wishes are disputed by their heirs or potential claimants to their property. In a legal document, even a seemingly benign phrase could lead to a property dispute. The same is true if any legal terminology was improperly used in a document, which could further complicate inheritance.
Another common issue in inheritance is unpaid financial responsibilities. If someone passes away in debt, there are certain circumstances where their property may be seized to pay their creditors. Depending on the legal status of a given property, it may be vulnerable to asset seizure.
Executing a will without the proper mental capacity can put the will at risk of not being probated by the probate court. If the court determines that the will is not valid because it was executed without proper mental capacity, then your estate may be treated as if you died intestate.
These are only a few potential issues that lead to disputes over real estate titles. An experienced probate attorney can help you draft the proper documentation to ensure your loved ones are able to inherit property with little to no dispute.
How Can I Prevent Property Ownership from Coming into Dispute?
Texas law offers a variety of opportunities for individuals to ensure their property goes where it belongs. The state of Texas has a rich heritage of land and property ownership, and the law is written with respect to this legacy.
Two valuable tools for property owners are Transfer on Death Deeds (TODDs) and Lady Bird Deeds. A TODD is what it sounds like: a legal document that transfers ownership of a piece of property from one person to another when the original owner passes away. These deeds must be filed in the county where the property is located, and documentation must be completed and filed prior to the original owner’s death. While they are relatively inexpensive and easy to use, TODDs have some restrictions that may not make them ideal for everyone.
Similar but unique from TODDs are Lady Bird Deeds. Lady Bird Deeds are a unique type of deed only used in a small number of states, including Texas. Like a TODD, a Lady Bird Deed allows you to name a beneficiary to inherit your property. However, unlike a TODD, a Lady Bird Deed may be executed by an agent of the owner, if there is an existing, proper Power of Attorney and it creates a life tenant/remainderman relationship between you and the person you are leaving your property to. Depending on your particular circumstances, a Lady Bird Deed may be more appropriate than a TODD.
Another way to avoid an ownership dispute is with a living trust. A trust is a special type of legal arrangement for the management of assets. A person called a grantor transfers assets they wish to have passed on into the trust, which is managed by an individual called a trustee. A grantor can appoint anyone they want as a trustee and may serve as the trustee themselves during their lifetime. When the grantor passes away, their assets will already be the legal responsibility of the trustee, who can then distribute the assets according to the grantor’s wishes, as set forth in the trust agreement.
These are only a few potential methods to prevent probate delays and property disputes. One of our team’s attorneys can review these and other options with you and help you decide what will be best for you, your property, and your loved ones.
What Should I Do to Make Sure My Property Doesn’t End Up in Dispute?
Property inheritance can complicate an already complex estate. That’s why if you’re interested in estate planning and want to ensure your property goes to your loved ones, you should immediately contact West & West, Greer & Estorga. With a tradition of excellence dating back to 1938, our firm prides itself on its tradition of excellence and its legacy in serving San Antonio families for generations.
Our team can help you ensure your property is handled and passed to the right people with little to no hassle. Our compassionate attorneys know estate planning can be a challenging yet rewarding process, and we work to ensure every client feels as well taken care of as they deserve to. If you or a loved one wants to ensure there are no probate delays or title disputes on your property, call us today at 210-598-6482 to schedule a consultation.
