What Does a Probate Litigation Lawyer Do?
When legal disputes arise during the probate process, you may find yourself in direct conflict with family members, loved ones, or close friends. Whether you’re dealing with an issue that requires you to contest the will or you need to navigate an issue of executor misconduct, a probate litigation lawyer could help you understand your rights and fight to protect your inheritance. Contact Texas Will Contests, JV to learn more about what a probate litigation lawyer does.
Challenging the Validity of a Will
Probate litigation lawyers often help settle conflicts over the interpretation and validity of a will. There are several circumstances where you may need to dispute a will, including:
- Undue influence exercised by someone who pressured the family member to change their initial will
- Lack of capacity to change the will, based on the deceased’s ability to manage issues at the time the will was written
- Incorrect or improper interpretations of the terms laid out in the will
During an initial consultation, a lawyer could detail additional scenarios that may require you to challenge the validity of your loved one’s will.
Disputes with Executors
Executors are responsible for carrying out the directives laid out in the will according to the wishes of the deceased. In some cases, however, executors may fail to carry out those instructions properly, leading to significant disputes. These may include:
- Breach of fiduciary duty, or the duty to act in the interests of the deceased
- Failure to properly administer the state, including managing or distributing assets
- Theft, embezzlement, or fraud
- Self-dealing, or selling assets to themselves or another party
- Selling the assets from the estate below market value
- Failing or refusing to distribute the inheritance in a timely manner
When an executor fails to properly manage the estate, you may choose to sue to force them to take appropriate action or to replace them as executor. A probate litigation lawyer’s job is to help you take legal action and settle disputes with inadequate executors.
Beneficiary Disputes
Beneficiary disputes are one of the most common types of probate litigation that a lawyer could assist with. Often, a beneficiary may feel that they were unfairly left out of the will or that they did not receive fair assets from the estate at the time of distribution. A probate litigation lawyer works to help beneficiaries who believe they did not receive their due pursue justice from the estate or assist individuals who want to fight to protect the validity of the will.
Contact a Probate Litigation Attorney to Learn What They Could Do For You
When you’re involved in a dispute over an estate in probate, it can be difficult to figure out your next steps. A probate litigation lawyer could help you understand your rights and ensure that you know how to protect them. At Texas Will Contests, JV, we understand the challenges that can arise during the probate process, and we’re here to help you fight for your rights. Contact us today to learn more about what a probate litigation lawyer does.