What Are Some Considerations for Estate Litigation?

 Posted on January 16, 2024 in Estate Planning and Probate

When a loved one passes away, the estate typically enters probate – a court-led process of inventorying assets, paying any outstanding debts, and distributing whatever remains to the heirs. It is also when questions or disputes over the will itself or how the executor handles the estate may arise among family members and beneficiaries. This is known as estate litigation, and it can involve challenging the validity of the will, clarifying ambiguous gifts or terms, or alleging misconduct by the executor. If your family faces such a dispute, there are a few key issues to consider with the guidance of a Texas estate planning attorney.

Interpreting the Will

The most common estate disputes involve inconsistencies in the language of the will that leave room for different interpretations. Some factors here include:

• Determining will details - Courts will look at the whole will to understand what the person who passed away wanted to do with their stuff. Easy-to-understand language that shows this want can make a big difference
• Identifying inconsistencies - Conflicting distribution instructions that do not add up need resolution by the court. Careful drafting avoids such issues.
• Defining critical terms - Imprecise or unclear definitions of beneficiaries, property gifted, or amounts left also invite litigation.

Assessing the Will’s Validity

Dissatisfied heirs often challenge the legal validity of a will, claiming things such as:

• Lack of testamentary capacity - Heirs can argue the testator lacked sufficient mental faculties when signing the will. Evidence like medical records and witness accounts are critical.
• Undue influence - Plaintiffs may allege someone manipulated the testator into making certain inheritances. Showing the will reflects long-held wishes helps defeat this.
• Improper execution - Failure to follow required formalities in signing and witnessing the will also leaves it open to dispute. Strict compliance with statutory rules is essential.

Monitoring the Executor

Executors have a fiduciary duty to administer the estate properly. Beneficiaries can sue for things such as:

• Mismanaging assets- Courts will sanction executors who engage in self-dealing or waste estate assets because of negligence or improper investments.
• Misappropriating funds - Embezzling estate funds likewise prompts litigation to recover lost inheritance.
• Failing to close estate diligently - Beneficiaries can compel tardy executors to complete estate tasks like selling property, filing tax returns, and distributing legacies.

Contact a San Antonio, TX, Estate Planning Attorney

With assets about to transfer between generations, estate disputes may turn into a downward spiral of arguments. Having a Bexar County, TX, estate planning lawyer on your side is beneficial when drafting wills and administering estates to avoid litigation mishaps. Careful documentation, precise drafting, and judicious execution are the best defenses. Call Geoff Mayfield, Attorney at Law at 210-535-0870 for a free consultation.