If a dispute arises during the administration of an estate, litigation may be necessary. Although some disputes may be resolved with mediation, some require a ruling from the probate court. An El Paso probate lawyer can provide invaluable advice during an estate dispute and can represent your interests at every step.
How Can a Probate Lawyer Assist With Estate Litigation in Texas?
Administering an estate isn’t always straightforward, even when a will has been left. There are various areas where disputes may arise, such as:
Validity of the Will
A contest may be lodged if the heirs do not believe that the will is valid. This may be because they believe the deceased lacked capacity or was subjected to undue influence. They may also allege that the will has been altered, is fraudulent, or has not been properly executed.
Distribution of Assets
If a will has been drafted by a lawyer, the wording should be clear and unambiguous. However, if the will was not drafted professionally, disputes may arise over the wording, specifically the distribution of assets. This may be because the wording is too vague, or because a beneficiary has received less than expected. If a beneficiary has been completely omitted, they may argue this was unintentional.
Misconduct
The executor has a legal responsibility to set aside their own interests, but if the heirs believe this is not occurring, a dispute can be raised. Allegations may include the mismanagement of estate funds or the incorrect distribution of assets.
The Role of a Probate Lawyer
A lawyer can play a key role when disputes have arisen within the estate that can’t be easily resolved. They can act for the executor or the heirs, but if the two sides are in dispute, a lawyer cannot act for both parties. Some of the key responsibilities may include:
- Interpreting the wording of the will
- Defending or contesting the will
- Defending the estate against spurious claims
- Holding the executor accountable
- Enforcing the correct estate distribution
- Resolving disputes through mediation
- Representing their client in probate court
- Appealing probate court decisions
To carry out their responsibilities, a probate lawyer may need to conduct investigations, such as obtaining more information about the deceased’s financial affairs and health. This will enable them to ascertain whether any contest over the validity of the will is fair, and what financial claims can be made on the estate. A lawyer will also prepare the case for mediation and represent your interests in court.
Hire an El Paso Probate Lawyer
After the loss of a loved one, emotions are often running high, which can make it more difficult to resolve any disputes. Hiring a probate lawyer can smooth the path and allow a fair conclusion to be reached. A probate lawyer can provide advice that’s tailored to your circumstances and may prevent a dispute from becoming protracted.We understand the complexities of dealing with probate, and the sensitive nature of distributing an estate. If you need advice about a dispute or potential litigation, we can help. Contact us today at the Law Office of Albert Nabhan, PLLC. in El Paso, TX to schedule an appointment.
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