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.
Additionally, family members may feel that problems exist with the will if the asset distribution is not entirely even. While some individuals may choose to bequeath more assets to one heir than another for a variety of reasons, other instances of unfair distribution could have come about because of undue influence. When family members suspect that someone wrongfully caused their loved one to change a will, litigation may come about to uncover the true intentions.
Probate litigation can be difficult and time consuming to go through. However, when the integrity of a loved one's estate is in question, this process may be one of the few methods available to put concerns at rest. Texas residents who have concerns regarding their loved ones' estates may wish enlist the assistance of experienced attorneys to better understand their legal options.
Source: kiow.com, "Putting Together a Mistake Free Will", AJ Taylor, July 2, 2017