Texas law requires that certain procedures and qualifications take place before a person's Last Will and Testament be considered valid. For example, necessary capacity of a testator (person making his or her will) must be established and signs of undue influence or fraud be absent. Texas law also requires that certain procedures be followed when carrying out the wishes of a decedent's Will or Trust. For example, an executor of a Will must conduct himself through fiduciary duties owed to beneficiaries including the duty to account for estate or trust property. When these requirements, procedures, and qualifications and others are not followed or are intertwined with fraud, probate litigation may and should probably ensue.
Estate litigation is the process of contesting or defending a will or trust. Typically, estate litigation involves accusations of fraudulently misappropriating estate or trust funds and accusations of breach of fiduciary duties. Generally, contests to the creation and enforceability of Trusts or Wills occur either procedurally and/or substantively. Procedural contests, though more easily proved, but less prevalent, involve errors of mistake or omission (e.g. failure to fund an inter vivos Trust before it becomes irrevocable, improper execution, the failure to name a Trusee, etc.) Substantive contests, less easily proved, but more prevalently sought, involve Trustor or Settlor capacity issues, fraudulent misrepresentation, improper execution, and/or undue influence concerns. The former typically being rulings for a judge and the latter typically being rulings for a jury.
Marold Law Firm, PLLC are your go-to probate litigation attorneys in San Antonio, Texas. Call now to schedule a free initial consultation on your Estate/Probate dispute.
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