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Did you know that the death of a loved one is considered to be one of life’s greatest stresses? Sadly, that distress is not always caused solely by grief. Issues that arise during the process of administering their estate can be complicated and lead to a great amount of strain on individuals and families. At Ford + Bergner LLP in Texas, our familiarity with the administration of substantial estates ensures that if you encounter any problems, you will have an experienced Dallas probate litigation attorney on your side.

What Are Common Grounds for Probate Litigation in Texas? Hear From a Probate Litigation Attorney in Texas

Probate is the legal process by which a deceased person’s estate is administered. This process includes validating the deceased’s will, appointing an executor or administrator, paying off any debts and taxes, and distributing the remaining assets to the beneficiaries. During this process, litigation can be initiated by heirs, beneficiaries, creditors, or other interested parties who believe their rights or interests are being compromised.

Will Contests

One of the most common grounds for probate litigation is a will contest. This occurs when an interested party challenges the validity of the deceased’s will, which they may do on a number of different grounds.

Lack of Testamentary Capacity

A will is not valid if the testator did not have testamentary capacity at the time that it was created and signed. To have testamentary capacity, the testator (the person who made the will) must have understood the nature of their assets, the identity of their heirs, and the impact of their decisions. If any of these aspects are in doubt the will can be contested.

Undue Influence

A will may be contested if it is believed that someone exerted undue influence over the testator by pressuring or manipulating them into making decisions that they would not have made independently. Undue influence often involves a person who stands to benefit from the will and is in a position of trust or authority over the testator.

Fraud or Forgery

A will can also be contested if there is evidence that it was forged or that the testator was deceived into signing it. In this context, fraud could involve misrepresenting the content of the will to the testator or obtaining their signature under false pretenses, such as leading them to believe that they were signing a different document.

Improper Execution

In Texas, for a will to be valid, it must meet certain formal requirements, such as being in writing, signed by the testator, and witnessed by at least two credible witnesses. If these requirements are not met, the will may be deemed invalid.

Disputes Over Executor or Administrator Actions

Another common ground for probate litigation involves disputes over the actions of the executor or administrator of the estate. The executor (if named in the will) or administrator (if appointed by the court) is responsible for managing the estate’s assets, paying debts, and distributing the remaining assets to beneficiaries.

Breach of Fiduciary Duty

Fiduciary duty is the responsibility that executors and administrators have to act in the best interests of the estate and its beneficiaries. They must manage the estate’s assets prudently, avoid conflicts of interest, and distribute assets according to the will or state law. Litigation may be needed if beneficiaries believe the executor has breached this duty, such as by mismanaging assets, self-dealing, or failing to provide accurate accounting.

Failure To Provide Accounting

Beneficiaries have the right to receive an accounting of the estate, which details the assets, debts, and distributions made by the executor. If the executor fails to provide this information regularly or is suspected of hiding assets, beneficiaries may initiate litigation.

Mismanagement of Assets

Executors are expected to manage the estate’s assets with care, this includes making sure that property is properly maintained, investing funds prudently, and selling assets as needed to pay debts. If the executor is believed to have mishandled assets in a way that has led to a loss in their value then litigation may be needed to prove this mismanagement and seek redress.

Disputes Among Beneficiaries

Conflicts among beneficiaries are another common cause of probate litigation. These disputes often arise due to disagreements over the interpretation of the will, the distribution of assets, or perceived favoritism.

Distribution Disputes

Beneficiaries may disagree on how assets should be distributed, especially if the will is vague or ambiguous. For example, if the will states that assets should be divided “equally” among beneficiaries, disputes may arise over what constitutes an equal share, particularly if assets are not easily divisible.

Interpretation of Will Provisions

The language of a will may be subject to different interpretations, leading to disputes among beneficiaries. In such cases, litigation may be necessary to clarify the testator’s intentions and ensure the will is executed as intended.

Family Conflicts

Family dynamics can exacerbate probate disputes. Long-standing tensions, rivalries, or feelings of unfair treatment can lead to litigation, particularly in blended families or when there are significant disparities in the distributions as laid down in the will.

Creditor Claims

Creditors of the deceased may also initiate probate litigation if there is a dispute over debts owed by the estate.

Disputed Debts

Creditors may file claims against the estate to recover debts. However, if the executor or beneficiaries dispute the validity or amount of the debt, litigation may be necessary to resolve the issue.

Priority of Claims

Texas law establishes a priority order for paying debts from an estate. If there are insufficient assets to cover all debts, disputes may arise over which creditors should be paid first.

Fraudulent Transfers

If it is believed that the deceased transferred assets to avoid paying creditors, creditors may seek to have those transfers reversed through litigation.

Intestate Succession Disputes

When a person dies intestate, that is, without a valid will, their estate is distributed according to Texas’ intestate succession laws. These laws determine who inherits the estate based on their relationship to the deceased. This can lead to various disputes among surviving relatives.

Heirship Disputes

Determining who is entitled to inherit under intestate succession can lead to disputes, particularly in cases involving extended family members or children from multiple marriages.

Contested Family Relationships

Questions about paternity or other family relationships can lead to litigation, especially if someone claims to be an heir but their relationship to the deceased is disputed.

Asset Allocation

Even when heirship is established, disputes may arise over how assets are allocated among heirs, particularly if there are concerns about the fair division of property.

Allegations of Elder Abuse

We have already covered the legal challenges that can be brought against the validity of a will if it is believed that the deceased was coerced or manipulated into making it. Financial abuse against the elderly can also take the form of unauthorized or coerced asset transfers, and in these situations, litigation can be brought to recover misappropriated funds or reverse transactions.

Probate litigation in Texascan arise from a variety of disputes, including will contests, conflicts among beneficiaries, disputes over the actions of executors, creditor claims, and issues related to intestate succession. Whether you are looking to file a probate dispute or want to make sure that your will is beyond dispute, make an appointment with us at Ford + Bergner LLP.