Probate Attorney Arlington TX
When you have lost a loved one, conflicts between family members might arise, which may make it imperative that you hire a probate attorney serving Arlington, Texas. Although this might be the last thing you want to happen, these situations are unfortunately very common. As a probate attorney, Brandy Austin Law Firm knows of several issues that tend to give rise to a majority of estate litigation matters.
In Texas, it may be possible to contest a will with the assistance of an Arlington TX probate attorney when one of the following (or more) is applicable:
- Lack of witnesses to the document (also known as failure of form).
- The testator had dementia or another illness that rendered them incapacitated or unable to make sound decisions.
- The testator was influenced to draft the will according to the wishes of an influencer who persuaded to alter the will in their favor.
When an interested party of a trust asserts the trust was poorly, or improperly, created, or was created under specific circumstances that does not reflect the choices of the grantor, a trust contest might ensue.
For either a will contest or trust contest, you would need to have an Arlington TX probate attorney as your legal advocate.
Breach of Fiduciary Duty
The trustee or personal representative of an estate has a duty to manage the trust for the benefit of the beneficiaries. If they act in their own interests rather than that of the beneficiaries, or acts irresponsibly in some manner, the beneficiaries can file a breach of fiduciary duty.
Failure to Account
Similar to a breach of fiduciary duty, a trustee or personal representative of the estate will have many obligations. Our Arlington TX probate attorneys will tell you that one of these will be to provide an annual accounting of distributions and assets, as well as other transactions. Failure to provide this may give way to an estate litigation matter. It is common for both a breach of fiduciary duty and a failure to account be included in the litigation.
Arlington TX probate attorneys want you to know that when a person with minor children dies, the children will be placed in the care of a guardian. If a guardian has not been named, and there is more than one family member who want to take care of the children, litigation can ensue. Litigation might also occur when a person believes the current guardian is abusing their role. These matters tend to be very sensitive and involve a lot of emotions. Having the right Arlington TX probate attorney at Brandy Austin Law Firm can make a difference in the way the case is handled.
Avoiding Estate Litigation
No one wants their estate to go through litigation. Through careful estate planning, it may be possible to minimize the likelihood of loved ones clashing during an emotionally charged period following your death. If you are prepared to plan your estate, or are considering updating a pre-existing one, talk with a probate attorney available in Arlington TX about reducing the potential likelihood of litigation.
Estate Litigation Matters Require a Lawyer