Victoria Probate Court
Probate court serves to validate contested wills and oversee the distribution of assets. While a will may name an executor, the court can appoint an administrator if necessary. The executor or administrator is a fiduciary, meaning they have a solemn duty to uphold the process and refrain from acting in their own interests. Executors and administrators work with licensed attorneys who are familiar with the probate system and understand how to handle potential challenges.
Problems usually arise when an heir or beneficiary contests a will’s validity or claims unfair disposition of assets. For example, a will may cut one child out while favoring another, or make a bequest contingent on a duty that violates public policy, such as forbidding a spouse from remarrying. When similar issues occur in Victoria probate court, our experienced estate and probate litigation attorneys could represent your interests, notify interested parties, and appeal a judge’s decision to a higher court if necessary.
What Are the Signs an Executor or Administrator Is Acting in Bad Faith?
Most executors and many administrators are not experienced in carrying out probate duties, resulting in honest, rectifiable mistakes. However, it is important to be aware of deliberate mismanagement and consult a probate litigation attorney immediately if you are worried. Warning signs include:
- Executors and administrators who do not file the inventory and appraisal, or an affidavit, of the decedent’s assets within 90 days of appointment, unless the court has granted an extension
- Executors and administrators who allow assets to fall into default, such as by failing to pay a mortgage or property taxes
- Executors and administrators who sell assets for significantly less than their value, often to their friends or family members
- Executors and administrators who withhold an inheritance from an heir or distribute the inheritance against the decedent’s wishes
- Executors and administrators who fail to distribute assets within 15 months, unless they inform the court of exceptional circumstances
- Executors and administrators who commingle funds by paying personal debts with estate assets or fail to open an estate bank account to pay creditors
If you suspect executor or administrator mismanagement, reach out to a Victoria attorney to represent you in probate court proceedings.
Other Challenges That Arise in Probate Court
Interested parties can challenge the validity of the will if they feel the testator was not of sound mind when they signed it or if they did not sign the will at all. If you think a loved one was coerced or duped into signing a document they did not realize was a will, our attorneys could gather evidence and assess your claim.
In addition, disfavored children often resent those who inherit more, and testators may not have updated their wills after a divorce and remarriage. In other cases, a testator may make verbal promises that do not translate to their will, causing further disputes. When heirs and beneficiaries in Victoria believe a will is unfair, our skilled litigators could help resolve the issues in probate court.
Call a Victoria Attorney To Help You Litigate a Will in Probate Court
The purpose of probate is to honor a decedent’s wishes regarding how heirs and beneficiaries receive assets. If you are an interested party and something does not feel right, it is probably not. Our probate litigators at Texas Will Contests, JV could evaluate the evidence, advise whether a will is contestable, and support you throughout the legal process.
Our dedicated attorneys will keep you informed throughout the Victoria probate court proceedings and address any issues that arise. Contact us now for a confidential review of your situation.