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No will, or too many wills, could lead to probate litigation

On Behalf of | Jun 13, 2018 | Probate Litigation |

There are many issues that could lead to conflicts when working to settle the estate of a recently-deceased Texas resident. When there are complex or valuable assets involved, especially with those of successful artists, it can be difficult to work through the legal proceedings of closing the estate without the right information. Unfortunately, probate litigation may take place in hopes of coming to terms.

Not having any type of will, or having more than one will could easily cause conflict. Without a will, there is a substantial chance that surviving loved ones will feel entitled to certain property, and often, families end up at each others’ throats due to disagreements. As a result, it may take probate courts years to determine who should receive what.

The same type of issue could result from having too many wills. Generally, a newer will supersedes the terms of a previous will, but only if that new will has been created through the proper legal channels. If one will has terms favoring certain individuals and a second will indicates different beneficiaries, but the second will is handwritten or otherwise does not follow proper stipulations, individuals may argue over which terms indicate the deceased’s true intentions.

Even with written instruction, some surviving family members may feel that there is reason to dispute those terms. Probate litigation is not uncommon, and it may be even more likely when complex assets are involved. If Texas residents believe that they have reason to take legal action in order to ensure that their loved ones’ true intentions are followed, they may want to learn more about their legal options.