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Probate litigation could result from executor delays

On Behalf of | Aug 27, 2019 | Probate Litigation |

The loss of a loved one can often leave lasting impacts. Though many Texas residents may want to ensure that their loved one’s final affairs are properly handled and that any remaining tasks can be finished as soon as possible, that is not always what happens. In some instances, executors may not handle their duties properly, and probate litigation could result.

It is possible for children of a deceased individual to face such difficulties. In one example, the daughter of a deceased woman has concerns because she and her sister are supposed to receive equal shares of the remaining estate. However, probate has been underway for over a year, and the executor has not taken steps to sell the decedent’s home.

The details of this type of situation will play a major part in deciding the best course of action. If the home is supposed to be sold as part of the directions left behind in the will, the executor has a duty to carry out that action, under the supervision of the probate court. If the executor refuses or another beneficiary attempts to block the sale, the ordeal can become even more complicated. In the end, it may take legal action in order to have the issue addressed.

Though family members typically do not want to end up fighting after the death of a loved one, it is not an uncommon outcome. Texas residents in situations like this one in which the executor is not properly handling the necessary duties may need to look into probate litigation. Filing a legal claim could allow appropriate parties to review the problem and determine a solution.