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Probate litigation can be avoided in Texas with careful planning

Many people in Texas create an estate pan in an effort to make things easier for their heirs and beneficiaries after they die. In addition, some hope to avoid costly probate litigation between their heirs. To achieve this goal, some find it helpful to create an estate plan that is as detailed as possible.

Even after some in Texas create a detailed estate plan, they may find that they have left out important information that can cause headaches to their survivors as they navigate the sometimes-confusing probate process. This is the case even of those seeking to adhere to the requirements of estate planning documents in some instances. Such an individual may find that they need further information or required documents to be filed that were left out of an estate plan.

For families and heirs that have contention about an estate plan left by an individual in our state, missing information can be especially harmful. In fact, details that are left out of estate planning documents may lead some to enter into probate litigation. Will contests and other litigation can come when the wishes of a deceased person are not made clear by the documents that were created while the person was alive.

Navigating the probate process can be difficult in some cases. Many in our state and elsewhere may find it helpful to do a review of all applicable laws as they enter the court system. This effort can lead to a reduced chance that probate litigation will occur that could cost a family not only economically but also emotionally.

Source: Alexandria Echo Press, "You asked: Why is probate so complex?" Crystal Dey, Dec. 19, 2012

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