Texans preparing for the future have well-crafted estate plans, focused on assets that are obvious, like a home, financial accounts, vehicles and similar items. However, estate litigation often arises not over the big-ticket items, but also for personal property and items of sentimental value. To avoid a court battle and unwanted bickering, testators should consider distributing property in a way that will account for these pieces of property.
Posts tagged "Probate Litigation"
To demonstrate the best reason to create a good estate plan, one need only look at what happens to estates after a person passes away without one. There is perhaps no better such cautionary tale today than the continuing saga of the Prince estate and the probate litigation surrounding it.
Like other types of court cases, a Texas court can, either at the suggestion of one of the parties involved or on its own, order those who are engaged in probate litigation to go through mediation. Although mediation is not appropriate for every case, it does often help families who are fighting over a will or trust come to some resolution and healing without having to undergo the time and expense of a trial.
Families in Texas and across the U.S. can be afflicted with the problems that come with heirs disagreeing over a loved one's will. This is especially true when it was someone who was wealthy or prominent and there are multiple people who might have an interest in the property and assets that are part of the estate. A will contest, a court battle between heirs, challenging a will and any other type of dispute related to the testator's apparent wishes can be messy and difficult, but sometimes probate litigation is necessary. Whether it is protecting one's interests when other people are trying to contest a will or contesting the will oneself, legal help is vital.
When people of significant means die in Texas or anywhere else, there is the chance that the heirs will be displeased with how the assets were distributed in the will. This is something that occurs with people who are famous and have had more than one marriage and children with multiple partners. It can be a complex issue that often results in probate litigation. Such is the case with a Hollywood performer who unexpectedly died and whose children and wife are disagreeing over his estate.
Probate can be a complex issue for Texans whether they have significant assets, they are middle class or have limited amounts in their portfolio. Regardless of the person's standing in society, the probate process can be confusing and difficult to navigate. This is even before getting into the possibility of there being a probate dispute.
Probate issues in Texas come in many different forms and all can use legal advice. In some instances, the probate process is extensive and costly. In others, it does not take particularly long and is not difficult. There is no reason to be frightened of this even if there is a probate dispute, but it is still smart to have legal help from start to finish. Knowing the different types of probate is a good place to start, but the foundation of the probate process is generally similar for everyone at its outset.
Probate issues can be complicated and difficult to understand for many Texans. In an attempt to make them clearer, it is beneficial to know the three different types of probate administration. There are benefits and negatives to all three types. For those who are determining which type of probate is best for them, having a basic grasp of these alternatives is useful. The three options are dependent administration, independent administration, and muniment of title.
Houston residents may face a time in life when they are dealing with probate issues that they never imagined would be a problem. For some, they may unexpectedly be a named beneficiary in a will or trust. For others, they may find that they expected to be the recipient of the assets in an estate, only to find that the estate plan that they knew about had been altered. There are many different reasons that a legal dispute might arise when an estate plan becomes effective, and they could all lead to probate litigation.
Most of our readers in Houston know that estate plans aren't made up of just a will. A good, comprehensive estate plan will have several other documents included as well, especially if avoiding probate litigation is a goal. And, among the most important documents in an estate plan are the power of attorney documents. These documents come into play when a person becomes incapacitated or is otherwise unable to make their own decisions.