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probate litigation Archives

Handwritten will leads to probate litigation

In Texas and elsewhere, obtaining an unexpected inheritance can often make anyone feel a sense of joy and excitement. However, before assets can be distributed, a will must be validated and the probate process needs to take place. Unfortunately, during the legal proceedings, conflicts could arise that lead to probate litigation.

Probate litigation can involve many people and entities

Many complications can arise after a Texas resident's death. When estate plans or beneficiary designations have not been updated, the chance for conflict could increase. In many cases, probate litigation may be necessary in order to resolve these conflicts, and third parties could end up caught up in the disputes.

Estate funds could be used to address probate litigation

Being named executor of an estate can bring about mixed emotions. Some people may feel honored that their loved ones trusted them with such responsibility, and others may feel overwhelmed by the idea of going through probate. In particular, Texas residents may worry about the possibility of estate disputes and having to go through probate litigation.

Could family discussion lessen the chances of probate litigation?

Family relationships often prove difficult. While many Texas residents are able to get along well enough with their loved ones, there are still certain situations in which a rift could easily occur. In particular, if a parent dies and the contents of his or her estate plan come as a surprise, disagreements and possibly even probate litigation could take place.

Family conflict often leads to probate litigation

Families often have disagreements. Conflict typically comes with the territory no matter how much Texas family members love each other. When a loved one dies, the potential for conflict may increase as emotions run high, and some individuals may feel entitled to certain assets or have concerns about the decedent's true intentions. When these issues come about, probate litigation may take place.

A 2nd marriage may have kids considering probate litigation

Getting married more than once is common for many Texas residents. These second or additional marriages may also come with children from previous marriages, and blended families are created. Though some individuals may feel very attached to their stepparents and stepsiblings, it is possible that conflict could arise after a biological parent's passing. As a result, probate litigation could ensue.

Are stepparents and probate litigation related?

Having parents who have divorced and remarried is a common scenario for many Texas residents. In some cases, relationships with stepparents may grow, and the bonds they form may be strong. However, in many instances, individuals -- especially older children -- may not bond with a parent's new spouse, and issues could arise. Stepparents could even impact whether probate litigation occurs after a biological parent's death.

Probate litigation may determine executor of Manson estate

After a person's death, many tasks need addressing, and those duties cannot be completed until someone is appointed to handle the estate. In some cases, a person's will may indicate who should act as executor, but in other instances, the designation may not be clear. Some individuals who are adamant about taking over an estate or addressing concerns with legal documents may end up going through probate litigation.

Probate litigation may result from concerns of undue influence

Fearing that someone has taken advantage of a loved one can cause many Texas residents to wonder about their best courses of action. In the event that the loved one has passed away and there are concerns regarding estate plans, some individuals may feel the need to move forward with probate litigation. This step could help them to question whether their loved one's wishes were truly carried out.

Mismanaged estates could lead to probate litigation

The loss of a loved one can take a considerable toll on surviving family. Because the decedent's assets are often all loved ones have left as physical reminders of their family member, holding onto those assets or ensuring that they are properly addressed may help some parties during the grieving process. Unfortunately, some individuals may feel that trustees or personal representatives may not handle the estate correctly, and as a result, probate litigation may prove necessary.

Aldrich Law Firm, PLLC

Aldrich Law Firm, PLLC
909 NE Loop 410
Suite 602
San Antonio, TX 78209

Phone: 210-418-1150
Fax: 210-598-7221

909 NE Loop 410 Suite 602
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