Probate Litigation

Leaving behind a valid will makes sure your assets are distributed how you desire. Through independent administrations, probate in Texas does not have to be a scary or expensive process.

How Probate Works

When individuals leave behind proper estate planning documents, assets will go through probate administration, or will be distributed in accordance with the estate plans.

The first step in probate is to appoint an executor or administrator of the estate. A probate court will appoint the executor or administrator, in accordance with the will, or, if there is no will, through the consent of all of the anticipated heirs of the estate. The administrator will then have to inventory the entire estate and its assets and have it appraised. Next, the administrator will pay off any debts of the estate. Finally, the remaining assets will be distributed based on the will or on Texas intestacy laws.

Issues In Probate Litigation

When families disagree the need for probate litigation may arise. Some of the most common probate litigation issues include:

• Contested Wills – While most wills are valid, sometimes wills are executed by individuals who are not in the right state of mind or who are subject to undue influence. In these instances, beneficiaries can contest a will.
• Creditors – When an individual passes away, their creditors will likely be involved in the probate process to receive payment for any debts they are owed. However, the process of creditors obtaining payment through probate can be complicated, and many times creditors will need to file a lawsuit against the estate in order to recover.
• Fiduciary Litigation – Trustees and executors have a huge responsibility to administer assets. If a beneficiary believes these individuals have mishandled assets, they can file a lawsuit against the administrator. Our firm defends administrators as well as pursues claims on behalf of beneficiaries.

Experienced Probate Litigation Lawyers

The Haney Law Firm works with clients to help them resolve probate litigation issues as quickly as possible. If you are facing probate litigation, don’t wait to contact us. We can help you through this difficult time.