Probate litigation allows you to uphold the wishes of your loved one. The probate litigation attorneys at Ostrom Morris have an intimate knowledge of the Texas Probate Code, and can help your family through probate proceedings. This experienced attorney team at Ostrom Morris offers a variety of probate litigation services to fit your family’s needs:
Probate Litigation and Intestacy
It is unfortunately not uncommon for a Texas resident to die without a will. The legal term for this scenario is intestacy. Without a will in place, the state is granted control to determine the distribution of property.
When the state of Texas takes the reigns for those who die without a will, the rules are rigid. In certain cases, a beneficiary may not receive their fair share of the assets. Hiring a probate litigation and intestacy attorney may be the only way to stop the state from misappropriating the property of your loved one.
An attorney from Ostrom Morris will take the time to explain the rules that relate to intestacy and property distribution. When a person passes without a will, the state will make plans for them. Take the time to speak with an attorney experienced with probate litigation and don’t allow the state to make choices for your family.
Contesting A Will
The details of a will can have lasting effects for everyone involved, and not always in a positive manner. Family members can contest a will for a variety of reasons:
- Undue Influence. Outside pressure from an interested party may have influenced the wills creator and prompted favoritism.
- Fraud. A will created and signed by someone other than the testator is a fraudulent will. Only the testator – the person assigning their assets – can generate and sign the will.
- Signed Improperly. A detail oriented probate attorney will carefully review a will for mistakes before it is finalized. Missed signatures can be a reason for contesting a will.
- Capacity. Illness like Alzheimer’s disease or unexpected severe injuries may reduce the capacity for creating a lawful will, and may be reason question the validity of the will’s statements.
If you are considering taking the steps to contest a will, start by contacting Ostrom Morris. Our attorneys have helped families contest wills for all the reasons listed. When a family member or loved one dies in Texas, the person’s estate should be lawfully distributed by a will free of fraud and discrepancy.
Get Help From Probate Litigation Lawyers
Probate litigation can involve contesting a will, trust, or probate proceeding. Hiring an experienced attorney to enforce your legal rights through probate litigation may be the only recourse for upholding the wishes of your loved one. Probate litigation can occur for any of the following probate scenarios:
- Forgery of signatures
- Invalid will
- Improper asset categorization
- Undue influence on testator
- Fiduciary Negligence
- Determining Heirship