When a person in Texas who has completed an estate plan dies, their estate often goes through the probate process. Probate is the court procedure through which documents such as a will are reviewed and, in most cases, the directives of these documents as to the distribution of assets are followed. This should have been what happened in one recent case in another state that our readers may find interesting. That case ended in probate litigation.
The probate litigation cases came after the death of a woman in 2004. The woman was the mother of two children. At the time of her death, the woman’s children were adults, and the daughter had become a congresswoman representing her home state. It was these two people, and the husband of the congresswoman, who would spend the next several years embroiled in lawsuits relating to the estate of the deceased woman.
The probate litigation matters included allegations of abuse, financial indiscretions and the attempts to obtain more than was allowed under the will. The parties went so far as to petition the state Supreme Court to hear the cases. However, the court declined to hear the matters recently.
Probate litigation has the ability to divide families in Texas an elsewhere. Because of this, it is often a good idea for people to carefully review the applicable laws before beginning the process. This will help to ensure not only a positive outcome but as little family disruption as possible as the case proceeds.
Source: ripr.org, So you think your family is dysfunctional? Try to top Rep. Charlene Lima’s, Scott Mackay, Dec. 19, 2013