Probate proceedings often focus on the technical aspects of estate administration. The courts ensure that a personal representative follows the law or the instructions provided in a will. The probate process gives creditors an opportunity to make claims against an estate.
Occasionally, family members or beneficiaries have to ask the probate courts for help because there are concerns about the estate. Sometimes, people may seek the removal of a personal representative or trustee due to their failure to act or a violation of their fiduciary duty. Other times, people have concerns about estate planning documents. Those with an interest in an estate can potentially contest or challenge a will in probate court when they have concerns about the documents.
What circumstances may warrant a will contest?
Invalid or inaccurate documents
People can sometimes contest a will on the basis of it failing to meet statutory requirements. Not having appropriate witness signatures or including illegal provisions could be reason for the courts to set aside a will. Other times, family members or beneficiaries may assert that the document is inaccurate or incredibly outdated. Perhaps the testator drafted the will before the birth of their last child and never updated it to include their youngest family member. Maybe a deceased family member is still listed among the beneficiaries of the estate or as the personal representative. When there are outdated and inaccurate terms included in a will, that can be reason to contest the will in probate court.
Suspicions of undue influence
The terms included in a will should come from the testator who drafted the document, not outside parties. Individuals typically have the authority to decide what happens with their property after their death. Sometimes, outside parties attempt to obtain assets from an estate by manipulating, threatening or coercing a testator into including them. Claims of undue influence often arise when a vulnerable individual establishes or updates an estate plan that includes terms that benefit someone in a position of authority when they are vulnerable.
Worries about a lack of capacity
Most adults have the legal authority to draft estate planning documents once they turn 18. However, some people may lose that capacity due to medical challenges. Individuals with Alzheimer’s disease or other conditions that affect their cognitive function may lack the capacity to draft legally-binding documents.
Reviewing concerns about an estate plan with a skilled legal team can help people establish whether probate litigation might be an option. Those who take legal action can work to uphold the true wishes of a loved one who has recently died.
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The Bowen Law Firm, PLLC
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Houston, Texas 77069
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