Inheritance Law

Inheritance Attorney in Alvin

Trial-Ready Probate & Wills Attorneys Serving Alvin and Brazoria County Since 1985

When someone passes away and questions arise about who inherits what, the answers come from Texas law, the courts, and how carefully those processes are handled. At Robert D. Clements Jr. Law Group, LLLP, we’ve been working through exactly these questions for clients in Alvin and Brazoria County since 1985. Our founding attorney, Robert D. Clements, Jr., holds double board certification in Personal Injury and Civil Trial Law, placing him among the top 2% of Texas attorneys. That trial-ready foundation shapes how we approach every inheritance and probate matter.

Most callers reach a real person on day one. Often that’s an attorney. When a family is dealing with loss and uncertainty about an estate, that kind of direct access matters.

If you’re facing an inheritance question or a contested estate in the Alvin area, call us at (281) 809-0029 to schedule a free consultation.

Our Probate & Inheritance Services

Our probate practice covers the full range of matters that determine how property passes to heirs: drafting and reviewing wills, will amendments, will litigation, and probate litigation. Whether a will is being challenged or a family needs to open an estate in probate court, we prepare every case as if it’s going to trial. That preparation doesn’t mean every matter ends in a courtroom, but it does mean the other side knows we’re ready if it does.

Our work centers on what happens after a death: establishing inheritance rights, resolving disputes, and moving estates through the legal process correctly. We don’t handle estate planning.

How Texas Intestate Succession Works

When someone dies without a valid will, Texas law determines who inherits through intestate succession, governed by Chapter 201 of the Texas Estates Code. The outcome depends heavily on whether an asset is classified as community property or separate property and on the surviving family members’ relationships to the deceased.

Community property is generally everything acquired by either spouse during the marriage. Separate property is what a spouse owned before marriage or received as a gift or inheritance during it. That distinction drives very different results.

How community property passes intestate:

If the deceased’s children are also the surviving spouse’s children, the spouse keeps the entire community estate.
If the deceased had children from a prior relationship, the deceased’s share of community property passes to those children, not to the surviving spouse.

How separate property passes intestate:

The surviving spouse receives one-third of separate personal property outright and a one-third life estate in separate real property.
The remaining two-thirds passes to children.
If there are no children, separate property passes first to parents, then to siblings.

One point families often overlook: Texas intestate succession makes no provision for an unmarried partner. A long-term partner who isn’t a legal spouse doesn’t inherit unless named in a will or a beneficiary designation. Texas also has no state inheritance tax or estate tax, so heirs generally receive their share without that deduction.

What Sets Us Apart

Double Board-Certified

Robert D. Clements, Jr. is part of the top 2% of attorneys double board-certified in Personal Injury and Civil Trial Law.
Trial-Ready, Battle-Tested

Our experienced attorneys prepare every case as if it’s going to trial, ensuring we’re ready to fight—and win—when it matters most.
Personal, Direct Access

At our firm, you're not just a number. You can often speak with an attorney on day one and always reach a real person when you call.
Client-First Approach

You're not just a number; we truly care about every client, providing personalized support and honest advice at every step.

Trusted By Texans Since 1985

Advocates Who Truly Care

Read 5-Star Client Reviews

“My Attorney for 25 Years”
“I can't imagine life without my attorney, Bob Clements! He represents you as if you're his only client. He is an awesome attorney, but even a better person.”

Lorene H.
“A Caring Professional”
“Mr. Clements is a caring, punctual, intelligent and realistic professional. He dealt with my situation promptly and protected me from making mistakes. He made it go away before it even began.”

Denise L.
“Incredible Human Being”
“Bob is absolutely incredible as a human being and his job. 44 years and still at it, the dude loves helping people out. Divorce sucks. Let Bob help.”

Chaz J.
“Professional and Caring”
“I am very pleased with his counsel and the way he has handled my cases. I was able to settle both cases in my favor and even got to hear a judge apologize to me, and that's never happened to me before.”

John G.
“Truly A Brilliant Man”
“I have known Bob Clements for 15 years and he is truly a BRILLIANT man. His knowledge of the law and its practical application in today’s world is an immediate asset to his clients as well as his associates.”

Michael P.
“Honestly Amazing”
“I have no experience needing a lawyer, so he made me very calm, walking me through the process. He gave me all my options for my situation, dropped the lawyer act, and spoke to me like a person.”

Angela D.
“He Won the Case”
“As a psychotherapist, I have had to go to court for various clients over the years. I have always compared their lawyers to Mr. Clements. Mr Clements wins every time, is the most honest lawyer, and a good man.”

Patricia H.
“More Than Helpful”
“Both attorneys were more than helpful. They took the time to speak with me and direct me in the right direction. They seemed to genuinely care about me and my situation.”

Jules A.

View More Reviews

Establishing Inheritance Rights in Brazoria County

Once it’s clear who should inherit, the next step is making that determination legal and enforceable. Texas provides several tools depending on the size of the estate, whether there was a will, and how title to property needs to be transferred.

Judicial Determination of Heirship
A formal court proceeding under the Texas Estates Code in which a judge declares who the decedent’s heirs are. The court appoints an attorney ad litem to represent any unknown or unlocatable heirs, making the result binding and reliable for title purposes.

Affidavit of Heirship
A sworn statement signed by two disinterested witnesses, recorded in the county deed records. After five years on record, it becomes prima facie evidence of the facts it states. This nonjudicial process is faster but less conclusive than a court determination.

Small Estate Affidavit
Available when the intestate estate is valued at $75,000 or less, excluding the homestead and other exempt property. It allows heirs to collect assets without opening a full probate proceeding.

Muniment of Title
When there is a valid will and no unsecured debts, the will can be admitted to probate as a muniment of title, transferring property without appointing an executor.

Letters Testamentary & Independent Administration
Banks and financial institutions typically require letters testamentary or letters of administration before releasing estate funds. Independent administration, the most common form of Texas probate, allows an executor or administrator to act without ongoing court supervision for most decisions.

Brazoria County doesn’t have a statutory probate court. Probate and heirship matters are handled by the county’s four County Courts at Law, each of which also functions as a probate court. Those courts sit at the Brazoria County Courthouse in Angleton. We’ve worked in these courts and know what each proceeding requires.

Talk to an Inheritance Attorney in Alvin Today

Free consultations are available in person or virtually. We can tell you plainly what the process involves, what it’s likely to cost, and what your options are. No hidden fees.

Call Robert D. Clements Jr. Law Group, LLLP at (281) 809-0029 to speak with our team about your inheritance or probate matter.

When Inheritance Becomes a Family Dispute

Not every inheritance question resolves cleanly. Some of the most difficult situations arise from facts that seemed straightforward at first.

Community vs. Separate Property Disputes
When funds from a separate property source have been deposited into a joint account over many years, tracing what is truly separate becomes complicated. These characterization disputes are a frequent source of conflict in Texas intestate estates.

Blended Families & Intestacy
Stepchildren generally don’t inherit from a stepparent under Texas law unless they were legally adopted. When a decedent had children from a prior relationship, the surviving spouse’s community property share is reduced, which can create real tension between a spouse and adult stepchildren.

Will Contests
A will can be challenged in Texas court on recognized grounds, including lack of testamentary capacity (the person didn’t understand what they were signing or the extent of their estate at the time) or undue influence (someone pressured them into signing a will that didn’t reflect their actual wishes). These cases go to court, and our trial-ready approach is built for exactly that.

If your family is facing any of these conflicts, having an attorney familiar with Texas probate litigation can make a significant difference in the outcome. Contact us to talk through what you’re dealing with.

Get Real Help Today

Client-Focused. Texas Tough.

Have questions? Ready to get started? Call (281) 809-0029 today or fill out the form below to schedule a consultation.

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