What Are the Common Reasons for Probate Disputes in Texas?

When a person passes away, probate is the process that legally provides for the distribution of the deceased’s assets. There may be a valid will, or the person may have died without a will (intestate). In any case, there are sometimes disagreements that arise between heirs, executors and creditors that can create a need for probate litigation. A probate lawyer or law firm can help you and your family navigate through the probate process. A probate lawyer can help you avoid probate litigation entirely. Probate lawyers can also represent your interests through the process of probate litigation to help you gain closure on this area of your life. The following are some of the most common reasons that a probate process ends up in litigation.

Will Contests

There are reasons that a will can be contested. One common reason is that the person’s mental state at the end of their life may not have been coherent enough to necessarily reflect what was written in their will. This can be the case when the deceased suffered from dementia or mental illness. There also can be an allegation that the will is a fraud. Probate can also be litigated when there is reason to believe that the deceased was under undue influence when they last wrote their will. “Undue influence” is a legal term that means someone exerted some form of coercion, intimidation, threats or force to push the deceased to change the will before their death.

Ambiguities in the Will

Sometimes, wills are ambiguous in ways that require legal intervention. Perhaps it was not clear exactly which items were to go to which heirs. There also could have been communications between the deceased and one heir about their wishes regarding asset distribution upon their passing that is not clearly explained in the will.

Family Dynamics

Families can feud over a will, creating a need for probate litigation. An example of this would be when the deceased’s assets are perceived to be distributed in an unfair manner. Also, former spouses of heirs can potentially make claims in probate litigation. Heirs that do not receive any assets in the will may also litigate in probate court.

Executor Misconduct

If the estate has an executor, administrator or trustee, they are required by law to act according to desires of the deceased as evidenced in the will and in the best interests of the heirs. Executors can be brought into probate court over allegations of breach of their fiduciary duty. These claims can arise when executors attempt to enrich themselves from the estate or when they fail to fulfill the proper execution of the trust in a timely manner.

Disagreements Over Asset Distribution

Disagreements over how assets are to be distributed is a major cause of probate litigation. Sometimes there is a disagreement if the will implied homes, or other expensive items were to be sold, and the proceeds of the sale distributed among heirs or if the property item was to be handed down to a certain heir. This is common in situations where one heir is living in or in possession of the asset when the decedent passes away.

Debt and Creditor Claims

If the deceased left debt or property that is contested, these remaining issues need to be settled in probate litigation before the heirs can receive the distribution of the remaining assets. Besides outstanding debt, a decedent can leave an unresolved contract that has not been fulfilled, or there can be a dispute or cloud over the title to a home or other property.

Failure to Update Estate Plans

Another reason for contesting a will in probate occurs when the deceased had expressed a desire to change the will just before an untimely demise. It is important to be able to provide some sort of proof that this may have been the case.

Involuntary Distribution Delays

The distribution of assets through probate can be delayed when heirs do not return court notifications and requests in a timely manner. Also, delays in the distribution of assets can occur when the assets are owned in multiple states. This can cause multiple probate litigation in multiple state courts. Also, the distribution of probate assets can be litigated and delayed when their value is difficult to assess.

Challenges to Trusts

Challenges to trusts or trust administrators can arise when assets are not properly moved into the trust and cataloged as belonging to the trust. Also, challenges to the trust can arise when assets, such as homes and vehicles, are not properly being maintained by the trust. The validity of the trust or the investment decisions made by the trust can also be causes for probate litigation.

As you can see, there are several causes that allow you or others to contest a trust. Overall, these actions involve cases of ambiguity, perceived unfairness, unresolved debts, outside claims on the assets or lack of transparency and goodwill on the part of trust administrators and executors. If you believe you have cause to contest a trust, you have a limited window of action to do so. Expert and timely legal intervention is essential.

When you are an heir, beneficiary, executor or claimant against an estate in Texas, call us today for prompt and expert legal advice and representation.