Probate Litigation Attorney

Probate in Texas is necessitated under a number of different circumstances. Probate is mandatory if a person dies without a will. If a person has a will, probate may be required if the decedent has, by the terms of the will, left significant assets to one or any number of beneficiaries without other non-probate transfers of all assets.

Probate is the process by which the assets of the decedent are to be distributed in the manner he or she desired. Probate litigation issues may arise when there is a dispute among the potential heirs as to exactly how the deceased desired his or her assets to be distributed.

Although there may be any number of issues that trigger probate litigation, some of the more common circumstances involve:

  1. Second marriages;
  2. Illegitimate children;
  3. Disinherited children; and
  4. Unnatural distributions.

An unnatural disposition is one in which the decedent left all or a significant share of his or her assets to someone other than a close relative.

Other factors in probate litigation may involve the validity of the document submitted to the probate court.  For example:

  1. Was the will forged?
  2. Is the will valid under Texas law?
  3. Did the deceased have the required capacity under Texas law to execute the will?
  4. Was the deceased unduly influenced by anyone to create the will?

These and other factors may be an issue to explore with an experienced estate litigation attorney.

Probate litigation issues may arise from either one’s duty as the executor or administrator of the estate or one’s rights as the beneficiary. The executor or administrator has a fiduciary duty to each beneficiary to be fair, impartial, and fully compliant in sharing the financial details of how the estate is to be settled. Each beneficiary, on the other hand, has the right to full understand how, and in what manner, the assets are distributed and may demand an accounting whenever necessary.

In many instances, the executor or administer is also a beneficiary. Under those circumstances, it is especially important to be sure that person acts impartially and does not use his role to benefit himself over other beneficiaries.

For a free initial consultation with experienced Sugar Land estate litigation attorney, fill out the form on this page.