Texas residents who are unsure as to whether they even need an estate plan should bear in mind public disagreements over estates of people who have died, especially those who had significant portfolios and can continue making money after they have died. While the last thing that heirs want to think about after a loved one has died is a legal dispute and ongoing court battle, it is imperative to consider the implications of the failure to have a comprehensive estate plan. This is true for a prospective testator who is unsure of the value of a valid will and for those who are embroiled in a dispute after the person has died. Having legal assistance with probate litigation is vital regardless of the situation.
Posts tagged "Probate Litigation"
When a loved one dies in Texas, heirs or prospective heirs who believe there is an issue with the decedent's will often want to move forward with a legal dispute over the document. There can be a variety of reasons for this. What is important, however, is knowing the law when it comes to wills. There are several situations in which challenging a will can come about. Will formation and its requirements are key to having a valid will. If there is a problem in one or more of these areas, then it could be the foundation for a challenge.
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.
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.