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Sunday, December 26, 2010

Austin Texas Will Probate Lawsuits, Texas Contested and Uncontested Probate Lawsuits, Travis County Will Lawsuits, and other Texas Inheritance Lawsuits by Austin Texas Will Probate Lawyer Jason S. Coomer

Texas Contested Probate Lawsuits, Austin Texas Will Probate Lawsuits, Texas Estate Fraud Lawsuits, Travis County Will Lawsuits, and other Texas Inheritance Lawsuits by Austin Texas Will Probate Lawyer Lawyer Jason S. Coomer

After the loss of a loved one, it is often difficult to know what to do and how to handle estate matters.  Many times a Will needs to be taken through the probate process and the guidance of an experienced Austin Will Probate Lawyer will be extremely helpful in reviewing the Will to make sure it is valid and there are no major issues in taking it through probate lawsuit.  In handling Texas Will Probate Lawsuits and Texas Suits to Determine Heirship Lawsuits, a Texas Probate Lawyer will often prepare the Application, Proof of Death, Oath, Judgment, Witness Statements, Publications, Notices, Debt Issues, and Inventory.  The Texas Will Probate Lawyer will also work with the Probate Court to make sure that all the documents are in order as well as set up the Probate hearing and accompany the Executor through the Probate hearing in front of the Judge. 


 
Texas Uncontested Will Lawsuits, Austin Will Probate Lawsuits, Williamson County Will Probate Lawsuits, Hays County Will Probate Lawsuits, Bastrop County Will Probate Lawsuits, Bexar County Will Probate Lawsuits, and Central Texas Uncontested Inheritance Lawsuits

Most probate proceedings are uncontested as the decedent had a valid Will that clearly stated how their possessions are to be divided after their death or they have died without a Will and the intestate law of Texas is clear as to how the decedent's property will be distributed.  These Texas Uncontested Probate Lawsuits are not always simple as many times it can be a difficult process gathering assets and determining the valid debts of an estate or locating long lost heirs that have lost contact with their family.

It is often beneficial to contact a Texas Probate Lawyer to assist with any Texas Probate Lawsuit to better understand how the Texas Probate Courts work and Texas Probate Law. For more information on Texas Uncontested Probate Law, feel free to go to the following web pages:  Austin Will Probate Lawsuits, Central Texas Probate Lawsuits, Texas Intestate Lawsuits, and Austin Texas Inheritance Lawsuits.
 
Texas Contest Probate Lawsuits, Texas Executor Fraud Lawsuits, Texas Administrator Fraud Lawsuits, Texas Will Contest Lawsuits, Texas Forged Will Lawsuits, Texas Probate Fraud Lawsuits, Texas Estate Fraud Lawsuits, and Texas Inheritance Fraud Lawsuits

Unfortunately, there are people out there that will commit fraud and other wrongful acts to steal inheritance from others.  Some of these people will forge and create fraudulent Wills, destroy valid Wills, or just go to a recently deceased person's house and start taking things.   Whether these people are family members, step relatives, or opportunists, it is important to have Texas Inheritance Fraud Lawyer that can help rightful heirs and beneficiaries prove that inheritance fraud has occurred and seek compensation for the theft.

A Will Contest occurs when there is something wrong with a Will. There are several reasons that a Will may be contested including 1) the Will was written under the influence from another person, 2) the Decedent was not of sound mind when the Will was written, 3) the Will is a forged or fraudulent document, 4) the Will is not up to date and leaves out children or does not take into account a divorce or remarriage, 5) the Will was not witnessed or signed correctly, and 6) the Will was improperly done and does not comply with Texas law.

In some instances the Testator did not have actual "testamentary capacity" or "testamentary intent" to draft a proper Will. In such a situation the Will is not valid and interested parties including a beneficiary or heir that was disinherited or lost inheritance through the invalid Will can contest the Will as being invalid.  In other instances a Will was executed under undue influence and not the last wishes of the Testator.

The Texas Probate Code gives interested persons two years after a Will has been admitted to probate to institute a suit to contest a Will. There are two exceptions to this rule that can extend this statute of limitations beyond two years. These exceptions include 1) contests based upon forgery or fraud or 2) contests brought on behalf of an incapacitated person (such as a minor) who recovers capacity.

In addition to Texas Will Fraud Lawsuits and Texas Will Contest Lawsuits, there are several other types of contested probate lawsuits including Texas Executor Fraud Lawsuits, Texas Trustee Fraud Lawsuits, Texas Guardian Fraud Lawsuits, Texas Administrator Fraud Lawsuits, & Texas Estate Fraud Lawsuits.

Under Texas law, an Executor of an estate has to take an oath to fulfill the wishes of the decedent's Will.  Failure to properly comply with the Will and violating the oath of the executor can result in a breach of fiduciary duty lawsuit against the executor for negligently or fraudulently failing to comply with a decedent's wishes or Texas law.

Executors that commit fraud on an estate or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts.  If you are a beneficiary of a Will and an executor has negligently lost or intentionally stolen estate property, it is important to hire a Texas Estate Lawyer or Texas Fraudulent Executor Lawyer that can help the rightful beneficiaries seek compensation for theft of estate assets or negligence committed by an executor.

Administrators like Executors have a duty under Texas probate law to properly manage and distribute the assets of an estate.  Administrators have to take an oath to fulfill Texas law in managing an estate.  Failure to comply with Texas probate law and the mismanagement of an estate can result in a breach of fiduciary duty lawsuit against the administrator for failure to comply with the decedent's wishes.

Administrators that commit fraud or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts.  If you are an heir or beneficiary of a estate that has been mismanaged, it is important to hire a Texas Negligent or Fraudulent Administrator Lawyer that can help rightful heirs and beneficiaries seek compensation for theft or negligence by an administrator.
  
For more information on Texas Contested Probate Lawsuits, Texas Contested Will Lawsuits, Texas Inheritance Fraud Lawsuits, and other Texas Contested Estate Lawsuits, feel free to go to the following web page on Texas Will Contest Lawsuits, Texas Forged Will Lawsuits, Texas Probate Fraud Lawsuits, Texas Estate Fraud Lawsuits, Texas Will Probate Lawsuits, Texas Suits to Declare Heirs and Texas Inheritance Fraud Lawsuits.

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