After loved ones die, Texas residents will likely want to determine whether the deceased parties had wills or other estate documents. Many individuals take advantage of estate planning, and as a result, surviving loved ones may only have to contend with the distribution of assets through the probate process. However, in some instances, there may be concerns about wills that could lead to probate litigation.
This type of litigation may arise if beneficiaries and/or next of kin believe there is a problem with a will. If this is an issue, an individual or individuals may choose to contest the will. This process allows individuals to present testimony as to why they believe the will did not portray the intentions of the deceased and/or that the deceased did not have the mental capacity to properly convey his or her intentions during the creation of the will.
During this process, individuals will have the opportunity to present evidence to support their claims. This evidence may come in the form of financial records, medical records and witness accounts. Additionally, the contesting party may wish for the proponent of the will to provide evidence as to why it should be considered valid.
Probate litigation is often considered a complex proceeding, and individuals who wish to contest a will may want to find out more about their options for taking such an action. Determining which steps may help them present their cases could allow Texas residents to feel more confident about their endeavors. Additionally, consulting with experienced probate attorneys may also prove useful to concerned parties.
Source: nj.com, "Contesting a will: Best practices for successful probate litigation", Paul W. Norris, June 24, 2016