Austin Probate Litigation Attorney

Probate litigation refers to legal disputes surrounding the probate process, which occurs after someone passes away. Probate litigation involves many issues related to the distribution of the deceased individual’s estate. An estate is the sum of someone’s belongings, money, and property. After they pass away, these items need to be divided up among family members and/or other beneficiaries. When these disputes require the attention of a Texas court, probate litigation is the method of resolving them.

At Ford + Bergner LLP, our team of Austin probate litigation attorneys is here to guide you through these challenging times. We know it’s already hard enough to deal with the loss of a loved one without the added stress that comes from legal disputes during probate. Our goal is to help you resolve these issues. That way, your loved one’s estate can be distributed fairly while honoring their final wishes. Contact us at 713-597-5351 to start your case today.

Common Reasons for Probate Litigation in Austin, Texas

The need for probate litigation can arise from disputes over how an estate should be managed and distributed after the death of a loved one. Some of the most common reasons why probate litigation is the next logical step when these disagreements surface include:

Disputes Over the Validity of a Will

Questioning the validity of a will is one of the most common disputes an Austin probate litigation lawyer handles. The state’s strict rules must be satisfied before a will can be considered legitimate, so there are many possibilities for someone to question if all these legal requirements were fulfilled during a will’s creation. For example, the will might not be properly signed, or a witness may not have followed a correct procedure.

In addition, a beneficiary could raise concerns that the person who created a will, otherwise referred to as the “testator,” was not in the right state of mind when documenting these important legal decisions. This is an important accusation to investigate; if someone was unable to understand what they were doing when they created a will, proving this could be enough for the court to invalidate the will.

Allegations of Undue Influence

If someone close to the deceased individual had pressured them into making certain estate selections for their own benefit, a family member could engage in probate litigation against that individual. In the legal world, this is referred to as undue influence. Vulnerable people are often susceptible to being taken advantage of in this way, especially when they are sick or highly dependent on someone else for care.

For example, a caregiver for an elderly person could manipulate the individual into giving them a large portion of their estate. If certain family members are cut out, this can lead to a legal challenge. When evidence of these actions is presented in probate court, all the details of the case will be investigated. This can determine if the person’s will was created or amended free of unlawful influence, or if someone they trusted unfairly manipulated the process.

Disagreements Among Beneficiaries

Even when a will exists and is seemingly legal, disagreements among the beneficiaries can still happen. This is because all designated beneficiaries are entitled to receive something in the estate, but specific language in a will could be misinterpreted and, therefore, keep them from accessing the extent of what is rightfully theirs. For example, two beneficiaries might both lay claim to a specific asset, like a piece of jewelry.

Another common disagreement occurs when a beneficiary feels like they are not getting a fair share of the estate. They might have been accidentally left out of a will, or the estate might seem to be distributed in an unbalanced way. A case might also be made that they deserve a larger portion of the estate because they contributed more to the estate owner’s care before they passed away.  

Issues With the Executor or Administrator

An executor is someone who has been appointed to manage someone’s will on their behalf. When a will does not exist, this individual is simply called an administrator. These people have the responsibility of properly managing an estate, such as paying off outstanding debt and distributing everything else to the designated beneficiaries or close relatives. Litigation might be necessary to investigate allegations of this role being abused.

For example, an executor might purposefully be slow to take action or mishandle funds for their own financial benefit. They might also neglect to openly communicate status updates about the estate to prevent people from spotting illegal behavior and raising their concerns. When these duties are not being properly fulfilled, the beneficiaries have the right to take legal action to remove the executor or administrator from the case.

Mismanagement of Estate Assets

If there is any evidence that someone has mismanaged estate assets, this could be another event that advances a case to probate litigation. Anyone who is in charge of an estate has a legal duty to make sure the deceased individual’s money, property, and belongings are properly dealt with, according to the wishes they laid out in estate documents. This means paying off all debts before distributing the remaining assets to the designated beneficiaries.

Unfortunately, an executor or administrator sometimes fails to keep track of assets. Other times, they may sell them below fair market value. When this happens, the beneficiaries are not awarded as much as they should be. If this is happening, they should escalate their concerns by having the probate court investigate what is going on. The court can see if the estate’s assets are being managed properly and make sure the beneficiaries receive what they are entitled to.

Lack of a Will

Sometimes, an individual dies before they are able to create a will. When this happens, the estate will be subjected to Texas intestacy laws. The state will analyze what was left in someone’s estate and decide on the most logical steps to manage and distribute it. These laws were designed to favor close surviving family members, such as spouses and children.

Estates where there is no will are subjected to even more scrutiny among family members, as there is more room for interpretation to suggest what the deceased individual would have wanted. For example, in a family where someone had multiple marriages or children from different relationships, there might be several people arguing over who was closest to the deceased and, therefore, more deserving of a larger slice of their assets.

Family Conflicts

Probate litigation can, unfortunately, bring up deep-rooted family conflicts. Even when someone’s will has been established for decades and the terms are clear, family tensions can still arise when the time comes to start dividing up the estate. This can happen from old grievances that are unresolved, the belief that someone is benefiting from favoritism or resentment over how the deceased treated certain members of the family.

Common examples include:

• A sibling feels unfairly excluded from a will.
• One of the siblings receives more than what others feel is their fair share.

Probate litigation can help resolve these disputes by making sure a will is valid, its terms are being followed, and the estate is being divided according to Texas estate law, not personal emotions or unresolved conflicts.

Disputes Over Debts and Creditor Claims

When someone passes away, any outstanding debts that still exist need to be paid before the rest of the estate is distributed. If debt exists, it’s common for creditors, like banks and credit card companies, to file a claim against the estate to collect the money they lent to the deceased. This can be disputed if the debt is not valid or a creditor is trying to get more money than they should.

For example, a creditor might try to collect a debt that the deceased already paid off before their passing. The estate may also not have enough funds to cover all the debt still owed. In both of these tricky scenarios, hiring an Austin contested probate attorney will become necessary. They can assess whether a creditor’s claim has merit and how much the estate is truly responsible for paying.

Changes in Circumstances

 Sometimes, unexpected changes in circumstances can lead to probate litigation. One of the more common examples happens when a more recent version of a will is discovered after an estate has already been distributed. When this happens, the court will need to investigate and determine if the newer will needs to be followed and, if so, how the estate will be revisited.

Another example arises when new assets are discovered that were not part of an estate’s original settlement. The case may need to be reopened, and beneficiaries can pursue additional probate litigation to decide how these assets should be handled. This process can enable all new developments to be addressed fairly, even in instances when the case has already made it through the probate process and everyone is satisfied with how the case was resolved.

While this list appears comprehensive, there are still many other reasons why you might need to hire a contested probate lawyer in Austin. The process can be complicated, but anyone involved in this situation does not need to face these legal disputes alone. An Austin probate litigation attorney can represent your interest in probate court, even when it feels impossible to overcome the contentious disputes among other loved ones. 

Taking Action and Protecting Your Rights

If you suspect that something is wrong during the probate process, it’s critical to take action quickly to protect your inheritance and ensure that your loved one’s wishes are honored. Here are the steps you can take:

1. Seek Legal Advice Early
   Consulting with an experienced probate litigation attorney as soon as possible is essential. Your lawyer can assess the situation, advise you on your legal options, and guide you through the next steps to protect your rights.
2. Gather Evidence
   If you suspect undue influence, fraud, or executor misconduct, gather any documents, emails, or other evidence that may support your claims. This will help strengthen your case should litigation become necessary.
3. File Legal Claims
   If efforts to resolve the dispute outside of court are unsuccessful, you may need to file a legal claim to contest a will, challenge an executor’s actions, or address other issues. Your probate litigation attorney will help you file the appropriate claims and represent you in court.
4. Attend Hearings
   Probate litigation may require court appearances for hearings or a trial. Your attorney will represent your interests in these proceedings, arguing on your behalf and working to achieve a favorable outcome.
5. Protect Your Financial Interests
   A key aspect of probate litigation is ensuring that your financial interests are protected. This includes recovering any assets that may have been misappropriated or ensuring that the estate is distributed in accordance with the deceased’s wishes or Texas law.

By taking action swiftly and working with a skilled Austin probate litigation lawyer, you can ensure that your rights are upheld and that any irregularities in the probate process are addressed. Probate disputes can be emotionally taxing and financially draining, but with the right legal guidance, you can navigate the complexities and achieve a resolution that honors your loved one’s legacy.

Contact Ford + Bergner LLP Today

If you are in the Austin, Texas, area and are facing an estate dispute that impacts your ability to move forward after losing a loved one, you need an Austin probate litigation attorney on your side. At Ford + Bergner LLP, we have the education and experience necessary to uncover the root causes of all major estate disputes and find creative solutions to help everyone move on. Contact us today at 713-597-5351 to learn more about how we can assist you. 

FAQs

Q: How Long Does Probate Litigation Usually Take in Austin, Texas?

A: The total length of your probate case in Austin, Texas, will depend greatly on the unique circumstances you face, such as the level of disagreement among the beneficiaries. Simple disagreements that are rooted in a misunderstanding or deal with parties who can work together are the fastest to resolve. However, more contentious battles involving multiple beneficiaries within a large estate can significantly extend this timeline by months or even years. 

Q: What Happens If Someone Dies Without a Will and the Heirs Can’t Agree?

A: Anyone who passes away in Austin without any estate documentation in place will have their assets subjected to Texas intestacy laws. However, this alone does not prevent disputes from arising between family members. If heirs disagree on who should inherit certain aspects of an estate, the case might need probate litigation to fully resolve the conflict. In court, all disputing parties can make their arguments before a judge, who can settle the conflict and allow the case to move forward. 

Q: Is It Possible to Avoid Probate Litigation?

A: It’s not always possible to avoid probate litigation, especially when one individual only has so much control in a multi-stakeholder estate case. However, the creator of an estate plan can take certain measures to reduce the possibility of litigation being needed. Taking the time to create clear wills and trusts is the number one tactic to prevent litigation. Updating them when life circumstances change can also keep your plan as relevant as possible. 

Q: Can Probate Litigation Affect the Value of an Estate?

A: Yes, there is the chance of probate litigation affecting the value of an estate. This is mostly due to the amount of legal fees and administrative expenses associated with probate litigation. All this can reduce how many assets are available to be distributed among the surviving beneficiaries. If litigation results in a large asset, like a house, being sold to cover a debt, this can also lower the total value of an estate before it is distributed.

Additional Resources

What Are Common Grounds for Probate Litigation in Houston?

Having an Executor Removed Isn’t Always a Simple Undertaking

What Does Texas Law Say About Executor Compensation?

Pursuing Probate Litigation Against the Estate Administrator

Heir Woes: Can Creditor Claims Exhaust All Probate Estate Assets?

Time Is Of The Essence With Probate Disputes

What is Undue Influence, and How Can You Prove It?

3 Steps to Take Before Selling Real Estate in Probate Proceedings