How to Handle Probate Disputes in Texas

When a loved one passes away, their assets are often distributed to heirs through a court process known as probate. In most situations, this process plays out quietly, with beneficiaries eventually receiving the inheritance earmarked for them.

The unfortunate reality is that not all probate cases go smoothly. Beneficiaries and family members left out of the estate have the opportunity to raise disputes and challenge how the property is distributed.

Dealing with probate disputes in Texas is never easy, especially on your own. There are options for resolving these issues, which is best done with the help of a probate lawyer.

Informal Negotiations

The best-case scenario during a Texas probate dispute is to resolve the issues without the need for costly legal intervention. Emotions can run high after the passing of a beloved family member, and discussions regarding the division of their estate can lead to bitter feelings. This can bring about disputes over the will or other aspects of the estate.

Thankfully, cooler heads often prevail. This is especially true when you have an attorney who can work with the other parties to resolve any issues amicably.

Mediating Disputes

Mediation is another tool that could help you avoid a lawsuit. This process involves both sides sitting down with a neutral third party—the mediator. Mediation allows for discussions on how to reach an agreement that might not have been possible if the mediator wasn’t there to facilitate it. While not always successful, it can be a useful tool when disputes arise.

Litigation

When all other efforts fail, litigation is the final option for resolving these issues. Numerous types of legal actions can involve the probate process, including challenges to a will. A person’s will must comply with the law for it to have any legal effect, and it cannot be created using coercion or fraud. If a party can show a will is invalid, this could completely reshape how probate property is distributed.

Other disputes might involve the executor’s conduct. These individuals have a fiduciary duty to act in the best interest of the beneficiaries. When they fail to do so, legal action could be appropriate. Resolving disputes in the court system can be a costly and time-consuming process, but these efforts may be necessary.

Reach Out to J Nichols Law, PLLC to Discuss Your Probate Needs

The good news is that you never have to face probate disputes on your own. In fact, attempting to resolve these issues on your own can dramatically increase your costs in terms of time and money. Whether you are the executor of the estate or a beneficiary, you could benefit from having an advocate on your side. Contact us today to discuss your probate case and how we can help.