When dealing with estate and probate litigation in Texas, several common concerns can lead beneficiaries to seek legal advice.
If you're facing any of the following situations, it may be time to consult with an attorney:
Executor Mismanagement
If you're a beneficiary and notice that the executor of the Will is not making proper distributions, they might be failing in their fiduciary duties. Legal action may be necessary to ensure fair and timely distribution of assets according to the Will.
Trustee Communication Issues
Trustees are obligated to keep beneficiaries informed about the trust's administration. If your trustee is not providing updates or information, they may be violating Texas trust laws, potentially harming your interests as a beneficiary.
Suspicion of Undue Influence
If you suspect that a loved one was coerced into signing their Will, this could be a case of undue influence. Legal intervention can help contest the Will's validity if it was not a true reflection of the decedent's wishes.
Questions of Capacity
If there are valid concerns that a loved one did not have the mental capacity to understand the implications of signing their Will, this could lead to the Will being contested. In Texas, proving lack of capacity can invalidate the disputed document.
Exclusion from a Will
If you were unexpectedly excluded from a loved one's Will, especially under suspicious circumstances, you might have grounds to contest the Will. This is particularly relevant if there are signs of undue influence or if the deceased lacked testamentary capacity.
