When you create a will, you likely expect that it will be followed precisely without question. While that’s what happens in most cases, there are times when one or more parties may challenge the will. One of the most important things for you to remember as you create...
Estate And Trust Litigation
How personal representatives can breach their fiduciary duty
There are several scenarios in which the beneficiaries or heirs of an estate may have grounds to take action against a personal representative. Sometimes, incompetence or inaction can be a reason to replace a personal representative. Other times, people may question...
What is the difference between an heir and a beneficiary?
The loss of a loved one is a traumatic life event. For some people, having to deal with the estate plan afterward is extremely complicated because it may contain provisions that they weren’t aware of. Challenges to the estate plan can sometimes occur under these...
Can the executor of a will be challenged?
An executor is someone willing to carry out your wishes when you pass away. Most people choose the executor of their will carefully, naming a family member or close friend they inherently trust. However, there are times when your loved ones may have a valid basis to...
Why do disputes erupt over inherited businesses?
Conflicts often occur over the value of a business that’s involved in an estate, especially when the beneficiaries of the estate disagree on one or more factors. Sometimes, the disputes boil over and can’t be resolved without legal action. There are often complex...
When can families contest the validity of a holographic will?
People may leave holographic wills rather than documents drafted by a lawyer for a number of reasons. Some testators do not trust anyone else with their last wishes. Others may find themselves needing to plan in an emergency where they cannot access legal assistance....
Why probate litigation might be necessary
Probate refers to the comprehensive management of a deceased individual's will or the estate of an individual who died intestate. An executor who is either named in the will or appointed by the court if there is no will oversees the process. This entails supervising...
Who can demand an accounting from an executor?
An executor of an estate is responsible for accounting, which involves documenting the property, expenses, cash balance and other crucial details. Doing this helps them keep track of the assets they are managing and easily account for their activities. So, who can...
What constitutes a lack of capacity when creating a will?
Families in Texas sometimes question the validity of a loved one’s estate plan. After someone dies, the contents of their will may seem far different than the preferences they expressed while alive. Some families reach the conclusion that an outside party may have...
What is a fiduciary duty?
An estate plan can establish several important relationships to help ensure the management of assets. A testator names an executor of the estate to manage and settle assets, including paying debts and taxes and contacting beneficiaries. A grantor can set up a trust,...