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Do I Need a Lawyer for Inheritance in Texas?

If you’ve recently lost a loved one and are wondering, “Do I need a lawyer for inheritance?”, you’re not alone. Navigating inheritance matters in Texas can be overwhelming—especially if you’re unfamiliar with probate, estate administration, or the legal documents left behind.

While not every inheritance situation requires an attorney, many do. At The Lange Firm, we help individuals and families across Texas understand their inheritance rights, avoid costly mistakes, and ensure that estate assets are distributed properly and legally.

In this blog, we’ll break down when you might need a lawyer for inheritance, what an inheritance lawyer actually does, and how to protect your interests throughout the process.

What Is Inheritance?

Inheritance refers to the assets, property, and obligations passed to you after someone dies. It can include:

• Money from bank accounts or investments

• Real estate and land

• Personal belongings

• Business interests

• Life insurance proceeds

• Retirement accounts

• Debts or liabilities (in some cases)

How these assets are transferred depends on whether there was a valid will, a trust, or no estate planning at all.

When Do You Need a Lawyer for Inheritance?

Whether you need legal help depends on several factors—such as the size and complexity of the estate, the existence (or absence) of a will, family dynamics, and whether probate is required.

Here are the most common situations where hiring a lawyer is highly recommended:

1. The Estate Is Going Through Probate

Probate is the court-supervised process of settling the deceased person’s estate. If the person died with a will, that will must usually be admitted to probate before assets are distributed.

You may need a lawyer if:

• You are the executor of the will

• There are disputes among heirs

• Creditors are filing claims against the estate

• The estate includes real estate or significant assets

In Texas, probate can be relatively streamlined—but only if the legal process is handled properly. An experienced probate attorney can ensure all filings, deadlines, and procedures are followed.

2. There Is No Will (Dying Intestate)

If someone dies without a valid will in Texas, their estate is distributed according to Texas intestacy laws. This process can be confusing and often leads to disagreements among surviving family members.

A lawyer can help:

• Determine who is legally entitled to inherit

• Navigate the intestate succession process

• Petition for administration of the estate

• Resolve legal issues such as missing heirs or disputed paternity

Without legal guidance, surviving family members may misinterpret the law, leading to costly errors or disputes.

3. You Were Named as Executor or Trustee

If you’ve been named the executor of a will or trustee of a trust, you have fiduciary responsibilities—meaning you must act in the best interest of the estate and its beneficiaries.

Mistakes can result in:

• Personal liability

• Tax penalties

• Legal claims from heirs

An attorney can help you:

• Understand your legal duties

• Prepare required notices and filings

• Distribute assets according to the will or trust

• Manage tax and creditor issues

4. There Are Disputes Among Heirs

If one or more beneficiaries are unhappy with how the estate is being handled—or with the contents of the will or trust—disputes can quickly escalate.

A lawyer can help resolve:

• Will contests (alleging fraud, undue influence, or lack of capacity)

• Claims of inheritance rights by excluded family members

• Disagreements about property valuation or division

• Allegations of executor misconduct

In Texas, probate litigation is a specialized area of law. Working with a skilled inheritance attorney is essential if conflict arises.

5. The Estate Includes Complicated Assets

If the estate includes:

• Multiple real estate properties

• Out-of-state property

• Business interests or LLCs

• Foreign assets

• Significant investment accounts

…a lawyer can help assess, appraise, and transfer these assets legally and efficiently.

Failing to properly handle complex assets can delay probate, create tax issues, and expose heirs to legal liability.

6. You Suspect Something Is Wrong

If you believe:

• The will was forged or altered

• The deceased was pressured or manipulated

• The executor is acting unethically or unlawfully

• Assets are being hidden or mishandled

You should contact an inheritance attorney right away. Protecting your rights as an heir or beneficiary may require swift legal action.

What Does an Inheritance Lawyer Do?

A Texas inheritance lawyer helps guide families through the legal process of receiving property and money after a loved one dies. Depending on your situation, an attorney may help with:

• Probate filings and court appearances

• Estate administration and asset transfers

• Will interpretation and enforcement

• Dispute resolution or litigation

• Trust administration

• Tax compliance and planning

• Negotiating with creditors or claimants

At The Lange Firm, we tailor our services to fit your specific needs—whether you’re an heir, executor, trustee, or family member with questions.

Can You Handle Inheritance Without a Lawyer?

In some cases, yes. You may not need an attorney if:

• The deceased had a small estate (under $75,000 in non-exempt assets)

• No probate is required (e.g., assets passed via beneficiary designation or joint ownership)

• There is a valid revocable living trust and no disputes

• All heirs agree and the estate qualifies for simplified processes like Small Estate Affidavits or Muniment of Title

Still, it’s a good idea to consult an attorney briefly to confirm that legal help isn’t needed. What seems like a simple estate can quickly become complex if overlooked details or conflicts arise.

How Much Does an Inheritance Lawyer Cost?

Texas inheritance lawyers may charge:

• Flat fees for routine probate filings

• Hourly rates for ongoing advice or litigation

• Percentage-based fees (rare, and often regulated by the court)

At The Lange Firm, we provide clear, upfront pricing and offer initial consultations so you can explore your options without pressure.

Why Choose The Lange Firm?

At The Lange Firm, we’re proud to be a trusted resource for families facing estate and inheritance issues throughout Texas. Here’s what sets us apart:

• Texas-focused probate and estate planning practice

• Compassionate, personalized service

• Experience with contested and uncontested estates

• Transparent pricing and responsive communication

• Located in Sugar Land and serving clients statewide

Whether you’re trying to claim your inheritance, handle a loved one’s estate, or resolve a dispute, we’re here to help you move forward with clarity and confidence.

Final Thoughts

Do you need a lawyer for inheritance? In many Texas cases, the answer is yes—especially when probate, complex assets, or disputes are involved.

Even if you think your situation is straightforward, a brief consultation with an inheritance attorney can save you time, money, and stress.

At The Lange Firm, we’re ready to answer your questions, explain your rights, and help you protect what your loved one worked hard to leave behind.

For addition probate information visit the probate home page.