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Lack of estate planning may lead to litigation in Texas

On Behalf of | Jul 29, 2016 | Estate Planning |

Losing a loved one can take a serious toll on surviving family in Texas and across the country. If the decedent did not leave behind a will or other estate planning documents, there is a chance that the family members could face conflict. In such cases, litigation may occur in order for individuals to work toward what they believe to be the best outcomes.

Without a will, property distribution is left up to the state. Commonly, surviving spouses and children are first to receive assets belonging to an individual’s estate. If there are no immediate family members, the distribution process continues on with other relatives. In many cases, heirs may feel the need to dispute certain decisions, and any individual potentially entitled to a share of an estate could wish to follow through with litigation.

Another instance in which legal action could take place is when parents die without having left custody instructions. A will is often used to name guardians for surviving children, and if one has not been created, relatives could face difficulties when it comes to guardianship. Litigation may be necessary in order for the most capable individuals to take custody of surviving children. 

If Texas residents find themselves facing litigation due to a lack of estate planning on the part of a deceased relative, they may wish to understand how the process could unfold. Information on court proceedings and issues that could warrant litigation may help concerned parties looking to take action. Discussing these concerns with experienced attorneys could also help individuals move in the right direction.

Source:, “Office Space: Dying without will can cause issues“, Vance E. Antonacc, July 26, 2016