Estate Litigation Challenges in Victoria

After a loved one passes away, heirs may be surprised by the way the estate is distributed. Unfortunately, this can lead to hurt feelings and serious disputes among family members or others with thwarted expectations regarding inheritance.

If you suspect that you are dealing with an unfair or inappropriate estate situation, reach out to Texas Will Contests, JV. A dedicated attorney can discuss your situation and help you decide whether to bring an estate litigation challenge in Victoria.

Common Reasons for Estate Litigation Challenges

Although each estate is unique, the reasons heirs resort to litigation typically fall into similar categories. Below are details on some of the most common situations that trigger estate litigation disputes in Victoria.

No Will or Invalid Will

When a person dies without a will, they die intestate. In such situations or if a will is considered invalid, the decedent’s estate will be distributed according to Texas state law. This may lead to surprising and unexpected results, causing an estate litigation challenge.

If a married person dies without a will, Texas law will govern how their community property and separate property are divided among the surviving spouse and other heirs. Community property includes all assets acquired during the marriage, whereas separate property may include assets acquired before the marriage took place, property that was inherited, or property that was specifically excluded by a pre- or post-nuptial agreement. Texas courts follow a specific legal formula laid out in the Texas Estates Code to divide separate property between a surviving spouse and children or other heirs. These issues highlight the importance of taking the time to create a well-drafted estate plan to prevent future disputes.

Disagreements About Asset Distribution

Even in cases where a will exists, disputes can occur if heirs feel that the distribution is unexpected or unfair. This is especially true if one heir received a larger amount of inheritance, if heirs feel bitter about how sentimental assets were distributed, or if someone is cut out entirely.

Suspicion of Undue Influence or Incapacity

Texas law allows heirs to contest a will if they believe the deceased was coerced or lacked the mental capacity to make informed decisions when drafting their estate plan. These issues often arise in the context of elder abuse and can lead to lengthy court battles.

Contact a Victoria Attorney for Help with Estate Litigation Challenges

Careful estate planning, open communication, and proactive conflict resolution are crucial for preventing estate litigation challenges in Victoria. However, when disputes do happen, professional legal guidance can help families navigate these challenges with less stress and uncertainty.

If you have questions about managing estate matters, reach out to one of our estate litigation attorneys at Texas Will Contests, JV. We can provide valuable guidance and support to help protect your legacy and avoid protracted legal disputes.