It would be nice if probate could be simple for every Texan. Unfortunately, the process doesn’t always run smoothly. Here are four probate problems that can arise when the decedent’s assets go to probate.
#1) Lack of Estate Planning on the Part of the Decedent
It’s very common for a person to die and for their prospective heirs to discover that individual never put a will together, never did any estate planning, and never prepared for their death at all.
This is especially common when the decedent was younger. Most people don’t like thinking about their death.
Intestacy laws create a framework for distributing assets, but certain family members can be left out of the process, like step-children. Unfortunately, if no will exists, intestacy is the only option, and your only recourse may be to establish your legal rights as an heir as quickly as possible.
#2) An Invalid Will
The probate process is the legal process of validating a will. It can be disappointing to learn that a will that favors you is not enforceable, is not legally valid, or is otherwise problematic. An invalid will can mean an estate that defaults to intestacy.
If you need to show that a will is valid after another heir has challenged the will, it is imperative to secure proper legal representation.
#3) Disputes
Conflicts between heirs and beneficiaries can delay the process, can undermine the decedent’s wishes, and can create complications.
The moment there is a challenge to the will, you should consider working with a probate law firm like ours. You may need to defend your inheritance rights.
Disputes can arise for many reasons. Don’t assume that a good relationship with your siblings or family members will prevent them. There are many legitimate reasons why various beneficiaries might take issue with the way that assets are distributed or divided.
#4) Witnesses and Prove Ups
If there is not a will, the original Will cannot be located, or the Will is not properly signed, you will likely need to call witnesses to the court to “prove up” either the Will or the heirs of the descendent. This may cause problems as it is often difficult to locate witnesses who can testify in court and can slow the process down.
For this reason it is important to ensure that you have a valid, “self-proving” Will, and that that original document is kept in a secure and accessible location.
Get Help Today
Our experienced probate attorneys can guide you through all the pitfalls of probate and will help you navigate the entire process from start to finish.
The Probate Law Group offers flat fee services to help you streamline the probate process. Call (713) 493-7095 today.
