Estate litigation refers to the legal disputes that arise concerning the administration or distribution of a deceased person’s estate. This can include conflicts among beneficiaries, challenges to the validity of a will, disagreements over the interpretation of trust documents, or disputes involving the conduct of the personal representative (executor or administrator) of the estate.
Estate litigation can be complex and emotionally charged, often involving multiple parties with conflicting interests. Common issues that may lead to estate litigation include:
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Will Contests: Challenges to the validity of a will based on claims that the decedent lacked testamentary capacity, was subject to undue influence, or did not comply with statutory formalities during its creation.
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Breach of Fiduciary Duty: Claims against personal representatives or trustees for failing to act in the best interests of the beneficiaries, mismanaging estate assets, or failing to adhere to the terms of a trust.
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Disputes Over Asset Distribution: Conflicts among heirs regarding how assets should be distributed, especially if the will is vague or if there are competing claims to certain assets.
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Trust Disputes: Issues arising from the administration of a trust, including disagreements about the interpretation of trust provisions or the actions of the trustee.
In Texas, estate litigation is typically handled in probate courts. The process can involve mediation, arbitration, or trial, depending on the complexity of the issues and the willingness of parties to reach a settlement. Estate litigation not only affects the distribution of assets but can also significantly delay the probate process and lead to increased legal costs.
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