Family Settlement Agreement

What is a Family Settlement Agreement Anyway?

The agreement is simply a contract between the survivors where they agree who gets what. Sometimes, it changes the will, and other times it fixes ambiguities. There are of course other reasons too. This is discussed further below. Essentially, it is the family coming together and figuring out a way to make the division of the deceased person’s property in a way that would work best for everyone.

This can often happen when Wills go decades without being updated, which is exactly why people should hire a Texas Wills and Trust attorney to update their documents when major life changes occur or every five to ten years.

Why consider a family settlement agreement?

As stated above, situations arise where an agreement makes sense for example:

  1. An ambiguous or poorly drafted will – sometimes, the Will just does not make sense or was poorly drafted and an agreement is needed to clear the issues.
  2. A change is needed – the loved one who passed away simply directs property to be distributed in ways the survivors would want to change;
  3. A death without a Will – an individual dies without a Will and there needs to be an agreement as to how the property should be split up by heirs
    1. For example, siblings may agree that one gets the house and the other gets the car and bank accounts of equal value rather than splitting ownership of everything equally.
  4. Saving time – when families agree, things move more quickly. It’s as simple as that.
  5. Peace among the family – an agreement can end disputes and bring peace while avoiding costly, both emotionally and financially, fights.

Of course, there certainly may be other situations in which a family settlement agreement can be appropriate as well.

How does it work?

Well, how it works is pretty simple, generally speaking, for educational purposes, it requires:

  1. Agreement between everyone who is getting property;
  2. The agreement must be in writing;
  3. Drafted correctly (this is why a probate attorney is a good idea); and
  4. Sometimes, you need court approval, which can help avoid future contests – a licensed lawyer should be able to give advice on this.

Things to keep in mind:

These agreements are really important and can significantly alter your rights as a beneficiary. If you need one, or if someone is suggesting one to you, it would likely be in your interest to consult with a Texas probate attorney to make sure you do not find yourself at the short end of the stick.

 

Putting a pin in it:

These agreements are practical and efficient ways for families in Texas to handle matters without using lengthy and expensive legal processes. A mutual agreement can save time, money, and relationships.

If you are facing: 1) disagreement; or 2) agreement on the fact the designated gifts do not make sense, then a Family Settlement Agreement could be ideal. Therefore, if you find yourself in this situation, consider consulting with a probate attorney in your area to discuss your options.

 
For more probate information visit the probate  page.

Testimonial

"Evan helped us with our wills. He explained everything thoroughly and made sure we understood everything clearly. He gave us options and reviewed things with us carefully. He made us comfortable, and we felt like we were in great hands with him."
- Lizzie C.

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