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Saturday, June 8, 2013

Texas Probate Litigation Lawyer: Several Factors Can Create a Contested Probate Lawsuit by Texas Probate Litigation Lawyer Jason S. Coomer

Texas Probate Litigation Lawyer:  Several Factors Can Create a Contested Probate Situation Where Family Members and Beneficiaries Are Drawn into a Texas Probate Litigation Lawsuit  by Texas Probate Litigation Lawyer Jason S. Coomer
Several situations can create an environment for contested probate litigation between family members or between family members and beneficiaries.  These factors can include a communication failure or lack of estate planning by a decedent (failure to wishes prior to death), "do it yourself" Wills, discovery of new family wealth including mineral interests, unreasonable family members, greedy opportunists, and the proximity of families living in different locations.  These factors often can create an environment where a contested probate lawsuit is necessary.

For questions on a Texas probate litigation matter including Texas contested and uncontested probate lawsuits, inheritance, and estate matters, please feel free to send an e-mail to Texas Probate Litigation Lawyer Jason S. Coomer.

The Most Common Scenario For Contested Probate Litigation

The most common contested probate scenario occurs when an aging or elderly person with limited capacity signs a new Will during the last year of their life and the new Will drastically changes the disposition of inheritance.  This can shift of disposition can sometimes be the result of elderly person appreciating the help and companionship of those taking care of them and providing support during their later years.  However, in other situations, the elderly person was forced, coerced, or fraudulently tricked into signing a Will by someone who is close to them or wants to take advantage of them.  In the later situation, the person exerting undue influence on the elderly person can be a family member or an outsider that has access to the elderly person and is taking advantage of a person with limited memory or capacity.

For family members that live in different cities, states, or countries, it is often difficult to determine if the change of disposition was intended.  From a legal perspective, the key issue in these situations is to determine if the testamentary disposition is the result of undue influence or incompetence, and if so should the Will be held to be invalid?  
Many Families have Spread Out Across The United States and Throughout the World, Therefore it is Often Helpful to Hire a Texas Probate Lawyer to Assist with the Texas Probate Process and to Handle Estate Issues

Many families have spread out throughout the United States and around the World. For many families, gone is the time where several generations live with in a few miles of each other in the same town, city, or county. This lack of proximity can make it difficult, when a family member becomes incapacitated or passes away. This can be especially true when a new Will pops up that disinherits relatives living in other states or other parts of the World in favor of someone that has had access and influence over the decedent. 
In these situations, the family members that live out of state are often caught off guard and need help from a Texas probate litigation lawyer that is familiar with the Texas probate process, Texas probate law, Texas guardianship issues, and Texas probate courts.  For these family members, it can be extremely important to act quickly and hire a Texas probate litigation lawyer that can help expose an invalid or fraudulent Will.
With The Growing Popularity of "Do It Yourself" Wills Texas Will Contests, Fraudulent Wills, Forged Wills, and other Texas Contested Probate Lawsuits will become More Common

As "do it yourself" Wills and other "do it yourself" estate planning packages become more popular, many Texas families are opting to save money in the short term by using these cheap Will packages.  However, some of these "do it yourself" Wills are not compliant under Texas probate law and do not come with a Texas probate lawyer that can make sure that a valid Texas will has been created.  In some of these situations, the "do it yourself" Will can be determined to be an invalid Will and can result in the Will being thrown out and a prior Will or no Will being able to be probated.  In both instances, the wishes of the decedent will not be adhered to and either earlier testate dispositions will be used or Texas intestate dispositions will be used.
Both earlier testate dispositions and Texas intestate dispositions can cause a huge change in inheritance and can cause some beneficiaries and heirs to lose a significant amount of inheritance.  These shifts in inheritance can often result in Texas contested probate lawsuits.

Failure to Communicate and An Unexpected Death Can Often Result In Texas Contested Probate Litigation

All too often a loved dies unexpectedly and does not leave a Will or any directions on what needs to be done if they die.  In these situations, a Texas Probate Court will apply intestate statutes to determine the rightful heirs of the decedent's property.  For more information on Texas intestate law distribution feel free to go to the following web page Texas intestate law.  In these situations where the decedent has substantial wealth and real property, the decedent's estate will often have to go through the Texas Probate Courts to determine who the proper heirs are, to settle the decedent's estate, and transfer wealth to the rightful heirs.  For more information on this process, feel free to go to this web page on Texas Suits to Determine Heirs.

On other occasions the death of a loved one brings in estranged family, fraudulent claims of inheritance, and opportunists that prey on the elderly and disabled or those left behind.   In these cases, it can be difficult to gather up information on what property is in their estate or to fight off aggressive family members from wrongfully taking inheritance.  In these situations, it is often best to have an experienced Texas Contested Probate Lawyer help you through the probate process and explain your rights and what needs to be done to protect the rightful heirs and beneficiaries of an estate.

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