Representing Families Facing Probate Litigation
After a loved one’s passing, some parties may take issue with the way assets are distributed. These legal issues require the attention of an experienced probate litigation lawyer to resolve.
The death of a loved one is incredibly challenging for his or her surviving family. Unfortunately, a grieving family can face legal challenges that make the death of a loved one even more devastating.
How Do Probate Litigation Issues Arise?
After death, there are many parties interested in the distribution of assets. When these parties disagree, probate litigation often arises. Some of the most common instances leading to probate litigation include:
- Contested wills — Although many wills are probated without issue, sometimes the validity of a will can be called into question by a beneficiary or surviving family members. This usually occurs when one or more beneficiaries or family members feel the will unfairly distribute assets or believe their loved one was not in the right state of mind when they originally drafted and adopted the will.
- Disagreements regarding interested persons and venue — The Texas probate code clearly defines who may participate in probate litigation and in what venue the litigation should take place. If the parties cannot agree to these first steps in probate litigation, things come to a standstill.
- Creditors — When a loved one passes, their creditors are still entitled to their rightful repayments. Creditors can only receive their repayments by going through the probate process. The process of creditors filing for repayment through probate is very complicated and may require the creditor to file a lawsuit against the estate.
- Surcharge actions —Trustees have a responsibility to manage a trust responsibly. However, if the beneficiary of a trust believes the trustee has mishandled the assets of the trust, they can file for a surcharge action, which is aimed at receiving compensation for any losses.
How A Probate Litigation Lawyer Can Help
The death of a loved one is hard enough — you shouldn’t have to worry about legal challenges to the estate. The experienced probate litigation lawyers at Hensley & Krueger LLP have worked on both sides of probate litigation, giving us valuable insight into how the other side thinks. If you are facing probate litigation, do not wait to call us at 713-570-6422.