Aldrich Law Firm, PLLC

Free Initial Consultation

210-418-1150

Protecting Your Legacy

San Antonio Probate Blog

Probate litigation may arise over trust management in Texas

Issues concerning a person's estate do not always have to take place after the individual has died. Texas residents may be interested in a probate litigation case currently underway in another state involving a 92-year-old woman and her fight to maintain control of her $200 million trust. The woman inherited the fortune from her great-grandfather, and now her former legal counsel has attempted to have her considered unfit to control the funds.

The attorney's initial request to have the woman removed from the trust was successful, as he indicated that she had suffered a stroke and did not have the mental capacity to effectively manage the funds. However, the woman wrote a letter stating that the medical event was minor and that she still maintained the capabilities to manage her finances. She also stated that she had fired her former attorney due to the belief that he had mismanaged her affairs.

Gaining control of an estate may lead to probate litigation

When a minor dies, surviving family members may have a difficult time addressing estate needs. The estate could face considerable issues, especially if there are multiple parties vying for control of the estate. It is not unusual for probate litigation to result. Texas residents may be interested in such a situation currently taking place in another state.

Reports indicated that the biological parents and adoptive grandparents of a 14-year-old girl who was murdered are fighting for control of the young girl's estate. The girl died as a result of a plan concocted by her adoptive mother and the mother's boyfriend to rape and murder the girl. The biological parents now want to gain control of her estate in hopes of finding out information regarding their two other children, who were also placed in foster care.

Last minute estate plan changes may lead to probate litigation

After a loved one's -- or estranged husband's -- death, estate issues could arise. Texas residents may be interested in a case of probate litigation currently underway in another state. Reports indicated that the case involves the estate of a deceased wealthy rancher and his estranged wife, who believes that she should have control over more of the estate. Apparently, the woman has already obtained the $800,000 annual income from the citrus grower's estate.

However, before his death, the man changed the terms of his largest trust and put his bank in charge rather than his wife. The woman believes that undue influence had an impact on this decision as he made the change only two months before his death, which occurred due to complications from diabetes. As a result, she wants the bank to resign as trustee on the account.

Probate administration notice provides info to interested parties

Multiple steps must be followed according to state law in order to effectively close a deceased individual's estate. Most Texas residents know that wills and other documents must be examined and property must be distributed, but there are other actions that need to take place as well. For instance, a public notice of probate administration must be provided.

These public notices typically contain pertinent information that individuals interested in the estate may need. A notice was recently posted for a decedent in another state and was posted in order to inform heirs, beneficiaries, creditors and other people interested in the man's estate that the petition to begin probate had been filed. It also gave the name of the person petitioning to stand as personal representative for the estate.

What if I make a mistake as executor of an estate?

Taking on the role of estate executor for a friend or family member may seem daunting. The many legal and personal factors involved can seem bewildering, and it is understandable that you would have questions and concerns about doing the right thing and meeting deadlines.

In addition to the legal issues, you are likely to feel pressure from heirs who want to move on. Perhaps they are anxious to sell property that belongs to the estate or take possession of certain assets. The estate executor is in the middle of this tug-of-war, and you may have to step carefully to fulfill your duty well.

The right info may make probate easier for Texas residents

Though most people have an estate that will need attending to after their deaths, it is not unusual for individuals to not know how that task will be carried out. Estate planning can help create details for Texas family members to follow when it comes to property distribution and other information, but those family members may not know what it means to go through probate. As a result, they may easily become overwhelmed and confused.

Luckily, probate does not have to be looked at as an intimidating process. In fact, there are many benefits that can come from going through the legal channels to settle an estate. If a loved one created a will, the court will examine that document, and family members will hopefully understand what the decedent wanted when it came to addressing estate needs.

Carrie Fisher estate administration may face complications

Once a loved one passes away, surviving family members and other individuals may have considerable interest in who will inherit the estate. Often, the outcomes of estate administration are not surprising, but complications could arise under certain circumstances. Texas residents may be interested in potential issues with the estate of late actress Carrie Fisher.

Recent reports stated that Fisher's daughter and only child, Billie Lourd, is the beneficiary of her mother's estate. The assets the 24-year-old woman will inherit include a car, ownership of multiple businesses, payout from life insurance, personal items and bank account funds. It was noted that Fisher's home was going on the market at $18 million. 

Estate planning issues may lead to Texas probate litigation

After the passing of a loved one, the surviving family members understandably feel a great loss. Additionally, Texas residents may also feel some confusion about the role they are to play when it comes to handling the deceased individual's estate. Unfortunately, this confusion may stem from estate planning mistakes, and in order to get to the true intentions, probate litigation may seem necessary.

One major issue that could result in probate difficulties relates to the executor. Though it is important for a testator to name an executor to carry out the necessary estate administration duties, if the wrong executor is named, the surviving family may face conflicts. The executor may not handle duties responsibly or attempt to exclude certain family from understanding what is going on with the administration process, and these issues could easily lead to litigation.

Estate plan issues may cause Texas estate administration problems

The majority of Texas estates will go through the probate process unless individuals take steps to keep their estates from such legal proceedings. However, many parties do not choose to follow such a route. In fact, numerous people either do not estate plan or have mistakes in their plans that result in issues when it comes to estate administration. 

This type of situation could happen to anyone, and even celebrities are not immune to such mistakes. Many people often think that the only purpose of estate planning is to address considerable wealth, and while that certainly is not the case, even wealthy individuals may put off planning until it is too late. As most parties know, over the course of the last year since his death, the family of late-musician Prince have gone through considerable trials since the singer died without a will, and the court is still working on his $300 million estate. 

3 factors that could slow down probate administration

After a loved one dies, having the responsibility to close his or her estate may fall to you. If your family member named you executor of the estate, you will have many duties to carry out in order to ensure that you address your loved one's wishes appropriately and that any outstanding personal and financial issues get resolved as necessary. In order to begin carrying out the necessary tasks, you will need to go through the probate process.

Probate allows the court to validate your family member's will and ensure that the actions taken with the estate coincide with what needs to happen. Of course, in some instances, the probate process can take a considerable amount of time, and certain factors could contribute to drawn-out proceedings.

Aldrich Law Firm, PLLC

Aldrich Law Firm, PLLC
909 NE Loop 410
Suite 602
San Antonio, TX 78209

Phone: 210-418-1150
Fax: 210-598-7221

909 NE Loop 410 Suite 602
San Antonio Law Office Map

Visa MasterCard American Express Discover