What Is an Estate Dispute?
Following a death in Texas, the decedent's estate is divided up and passed on to beneficiaries. In some cases, the individual in question will have left a will, ensuring they have a plan in place for their estate assets and how their possessions are distributed to surviving family members, friends, and other interested parties.
In other cases, there is no estate plan in place, and a probate court will deal with estates and assets according to state law. Known as intestate succession, Texas law typically dictates that a person's assets are distributed to a family member, prioritizing the spouse, then children, then parents, and finally siblings.
So, what is an estate dispute?
Whether there is an estate plan in place or not, there is always a possibility of estate disputes. This is a broad term covering any challenge to decisions made on the distribution of assets. The interested party's case commonly leads to estate litigation.
Estate litigation is the act of taking legal action to influence the probate process beyond what might be expected. For example, estate disputes may seek to establish that an estate plan is outdated, incorrect, or invalid.
Speak to Hardie Alcozer About Your Estate Dispute Today
Estate litigation can be challenging and time-consuming for all involved. Whether initiating a dispute or defending against one, it is vital to have access to legal expertise from someone that is unquestionably on your side.
At Hardie Alcozer, we have extensive experience in probate law and estate planning and work with clients to make any estate dispute far less daunting and stressful. We understand that every case is different, which is why we treat every client as an individual, working tirelessly to understand their specific circumstances and to put everything into context.
If you're involved in estate litigation in Texas and require first-class legal support, call the Hardie Alcozer offices today for an initial discussion and to find out more about how we can assist with your unique circumstances at (512) 374-4922.
When Might an Estate Dispute Arise?
There is a multitude of reasons behind estate disputes in Texas. Typically, regardless of whether there is a will or other estate plan or there is no legal document outlining the decedent's wishes, any interested parties may challenge the decisions of a court.
In order to qualify as an interested party, the individual that brings the challenge must have "standing" and also justifiable grounds for challenging wills.
"Standing" in will contests typically means that you have a financial interest in the estate and its distribution. The following generally fit this profile and therefore have a right to challenge a last will and testament or other arrangements:
Spouses
Children, stepchildren, and adopted children
Other relatives, including parents and siblings
Anyone the decedent expressed a wish to benefit from their estate
Third parties with a claim against the estate, such as creditors
Grounds for Estate Litigation Involving Wills
Once it has been established that someone qualifies to challenge probate, they must then justify doing so. Your probate attorney will be able to discuss grounds for a challenge based on the specifics of your case.
Where there is a will in place, the challenge is often against the will itself. As such, grounds for dispute typically fall into one of these categories:
Lack of Testamentary Capacity
Testamentary capacity is the ability of someone, in the eyes of state law, to create or change a valid will. An estate dispute on these grounds seeks to establish that the deceased person was not in a position to compose and authorize a legal document. This may involve them being unaware that they were creating a will or that they did not understand the nature of their property or their relationship with their chosen beneficiaries.
Undue Influence
An undue influence claim is typically based on the idea that the creator of the will was not necessarily acting in their own best interests. An external party may have encouraged or even coerced them to alter or replace their will, often to that party's benefit.
Due Execution
Rather than involving the execution of the will and distributing assets from the estate, these grounds for an estate dispute involve the creation of the will. If the instigator of the dispute has reason to believe that the will was not created according to due legal process, such as in the presence of witnesses or through missing signatures, they have just cause to instigate a lawsuit.
Challenging Estate Administration in Probate Court
Estate litigation does not only involve relevant documents involved with estate planning and may also extend to estate administration.
In cases where there is a will in place, the administration is handled by the estate executor. Where the individual did not leave instructions, the court appoints an administrator. They take on the role of the personal representative of the decedent and have a fiduciary duty to distribute their property and assets according to either estate planning documents or state law, as directed by the court.
If one or more interested parties believe that the appointed individual has failed to meet their fiduciary duty or has otherwise failed to meet their obligations, they may file a lawsuit to have the executor removed or the administrator replaced.
The Complexity of Challenging Estate Administration
Modifying the estate administration arrangement can be complex and time-consuming. It also requires a deep understanding of the circumstances. For example, a court will often ignore a petitioner's requests if they merely disagree with a decision that the executor had the legal right to make.
Your attorney will be able to guide you on the best course of action, drawing on various practice areas to ensure a relevant, legally robust approach for all clients. A lawyer can also help determine whether any request for modification will stand up in court.
As with disputes involving estate planning, the case does not necessarily have to go to trial. Our lawyers may recommend that clients and other interested parties enter mediation in pursuit of a solution that suits all parties while continuing to respect the wishes of the decedent.
The Estate Litigation Process
Estate litigation involves a lot of work, regardless of the circumstances. Whether taking action or defending against it, those involved need to ensure that they are familiar with any estate planning documents and the associated plans for property distribution. They also need to be prepared for the time required for the discovery process.
In the most complex cases, it is far from impossible for litigation to continue for many years. It can involve numerous visits to the court and multiple instances of trial preparation, expert witness depositions, and opening and closing statements.
These difficult cases can become all-consuming and can result in multiple beneficiaries waiting for extended periods to receive what they believe they are entitled to. That's why your Hardie Alcozer lawyers view every case on its own merits. In some cases, they may recommend attempting to avoid a trial date, even when it is not always possible to avoid disputes.
Instead of focusing on pursuing a dispute in court, they may suggest that opposing parties instead consider a mediation process with a neutral third party. This not only avoids the risk of unforeseen decisions against either party, but if both parties agree on settlement offers, they can resolve a dispute over the course of several weeks rather than months or years.
Of course, when there is significant money at stake, and the money damages relationships beyond repair, a visit to probate court may be the only option. Your lawyer will help you understand what to expect as all parties seek to resolve the case and help you defend your rights in the face of additional disputes with the opposing party or other beneficiaries.
Partition Actions
Beyond disputes surrounding the will and administration of property distribution, two or more parties may find themselves involved in partition actions. The personal representative is tasked with distributing property based on the wishes of the decedent, but this is not always entirely specific.
For example, the decedent may have decided to leave the family home to their two children, with each receiving a half share. One child may wish to keep the home, while the other prefers to sell. Many siblings can reach an agreement between themselves, but they may elect to use the court system to make a decision when they are unable to reach an agreement between themselves.
The Elective Share
Texas is a community property state, and, as such, a surviving spouse is automatically entitled to half of all of this community property following the death of their husband or wife. If in the course of their estate planning, the deceased spouse attempts to pass on more than their share of this joint property to family members or other beneficiaries, the surviving person may elect to accept the will or other document as written but retains the right to keep their share of the property. This is usually achieved without the need for an official estate dispute, ensuring no need for an initial pleading or trial preparation.
Solve Your Estate Disputes With an Attorney From Hardie Alcozer
Estate disputes can be extremely challenging as each person involved is often grieving and believes that they are in the right. The proceedings are often stressful, as claims and evidence must pass an extremely high bar in order to alter a court's interpretation of a will or other estate planning document or to change their interpretation of state law.
That's why we ensure our clients are informed, open-minded, and backed by the finest legal expertise. At Hardie Alcozer, we're always on your side, and that means being open, honest, and realistic. If we believe you have a strong chance of a successful lawsuit, we will do everything possible to make life easier. If we feel that mediation may be more appropriate, we may recommend that and support you through it instead.
No matter how your specific case plays out, you can rely on Hardie Alcozer to make life easier. Whether you are embarking on a dispute, considering the possibility, or already involved in an ongoing case, we are standing by to help.
Call our lawyers today at (512) 374-4922.