Texans and people across the nation are well-advised to have a comprehensive estate plan. This is necessary to avoid a legal dispute between heirs and to ensure that the assets go where the testator wants. The pitfalls of a perceived failure to do this can be found in cases where a wealthy and famous person dies and had a blended family. Those who believe they should inherit certain items in the estate or be in control of a trust will frequently end up embroiled in a dispute that can take time and significant resources to settle. Such is the case with the late actor Alan Thicke.
Posts tagged "Probate Litigation"
Probate in Texas can be a complex matter and the type of will that the testator had is a major part of that. A legal dispute regarding a will's validity can hinder the attempts to move forward with the probate process. It can also lead to the challenging of a will and estate litigation. Understanding the circumstances under which certain wills can be deemed valid and how this can be done may require legal help from an experienced probate attorney.
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.
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.