Losing a loved one is not an easy experience. Even years after a person's death, complications with the estate can continue to cause turmoil for surviving family. In some cases, probate litigation may continue for an extended period of time if loved ones believe that those involved in handling the estate are not doing so properly.
Uncertainty and a need for control can often drive many people's motivations. When a loved one passes away and the remaining estate needs to be settled, it is not unusual for surviving loved ones to wind up in conflict over who should control the estate or at least portions of it. In some cases, probate litigation may be necessary in order to get to the bottom of the issues.
There are certain instances in which having expectations can cause more harm than good. However, when a person indicates through his or her estate planning documents that funds will be given to a particular organization, having the expectation of receiving those funds seems appropriate. If sudden changes result in that expectation not becoming reality, probate litigation may result.
Older people often need help with day-to-day activities, especially when their mental sharpness begins to decline. As a result, Texas family members, friends or hired help may be needed to ensure that those daily needs are met. However, some unscrupulous people may subject a vulnerable person to undue influence, and if this wrongdoing results in an undeserving person obtaining a portion of a deceased individual's estate, probate litigation could result.
Some Texas residents may be unaware of the seriousness of estate planning mistakes. In fact, some people could find that they cannot obtain a deceased loved one's assets because a certain form was not filed correctly. Though probate litigation may help in these cases, it can be long and difficult. Additionally, some people may not have the ability to continue fighting.
After the loss of a loved one, it is not unusual for surviving family members in Texas to believe that they will inherit assets from his or her estate. However, it may come as a shock to some to learn that they were disinherited. While some individuals do choose to disinherit family members for various reasons, some parties may believe that the outcome came about unjustly and that probate litigation may be necessary to address the issue.
Most Texas parents want to take steps to help their children feel as equal as possible. Of course, even with the parents' best efforts, some children may still feel as if they got the short end of the stick on many occasions. If parents do not discuss their estate plans with their kids before their deaths, the children may be left with hard feelings that they may want to address through probate litigation.
While coming together after the death of a loved one is often the hoped-for outcome, it is not always the reality. In fact, some family members may wind up in probate litigation due to disputes over the remaining estate. In particular, it is not unusual for siblings to fight over choices a deceased parent made or over remaining assets.
Many people have dreams in life that simply do not pan out. Individuals may accept this outcome and move on with their lives. However, others may find out later that a loved one's actions prevented their dreams from coming true. In some cases, this information may not come to light until after the loved one's passing. As a result, probate litigation could take place in hopes of addressing damages.
After a family member's passing, discontent among surviving family is not unusual. In many cases, heirs may fight over the remaining estate, even if the deceased left a will. In particular, if one individual feels cheated, he or she may feel that probate litigation is necessary in hopes of reaching a more desirable outcome.