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Protecting Your Legacy

Selling a decedent’s assets could lead to probate litigation

by | Aug 12, 2019 | Probate Litigation |

Disputes among family members are not altogether uncommon. When the disputes arise after a loved one’s death, however, they can be particularly difficult to address. In some cases, if a family member is providing false information about a person’s will or lack thereof, probate litigation could ensue.

Texas readers may be interested in one person’s experience with this type of predicament. Apparently, the person’s sister was taking care of their ailing mother. However, the person believes that the sister did not properly care for their mother and contributed to her ill health due to having her live in dirty conditions. After the mother’s passing, the caretaker sister claimed that no will existed and that she had started selling some of their mother’s belongings.

This type of scenario is understandably distressing, but parties facing this type of ordeal do have legal options. Even if a will does not exist, one person does not automatically gain the ability to sell the deceased items or claim them for him or herself. In fact, state law comes into effect when it comes to distributing assets. Additionally, if there is reason to believe that a will does exist, concerned parties may want to take steps to find that will and have it validated by the court, which could also prevent the unlawful selling of assets.

When it comes to handling this type of hardship, the available courses of action can depend on the exact details. Even if a person is named as the executor of the estate, he or she does not have the ability to sell assets unless specified in the will or otherwise allowed by the court. If Texas residents have concerns about how their loved ones’ estates are being handled, they may wish to discuss the possibility of probate litigation with knowledgeable attorneys.