While many estates may be administered upon the testator’s death with minimal complications, not all cases are so simple. Unfortunately, there may be situations where litigation of an estate is unavoidable.
If you find yourself facing estate litigation in Sugar Land, you should consider speaking with a practiced lawyer. A trust and estates attorney could evaluate your legal standing and explain what your rights are to the legacy that a loved one has left behind. Romano & Sumner could work diligently on your behalf to pursue positive results for your case, letting you focus on your grief and family.
Litigation proceedings can arise from any number of disputes over a decedent’s estate. These proceedings are highly complicated, so no estate litigation matter should not be approached without the help of a Sugar Land legal advisor. Common issues in estate litigation proceedings include questions regarding the validity of the decedent’s will, breach of their fiduciary duty in the handling of a trust, or will contest actions.
Another common estate dispute that may give rise to litigation proceedings is when a beneficiary claims that the decedent’s administrator is disbursing the decedent’s estate incorrectly. If the decedent was mentally incapacitated or under duress when they executed their will, this could provide grounds for litigation to debate how the estate was intended to be distributed after death.
If someone intends to dispute a will because of the decedent’s alleged lack of capacity when the will was executed, they have up to two years to do so from the time that probate initiates.
Many estates in Sugar Land go through probate. During probate, the decedent’s estate is disbursed to the individual’s beneficiaries and used to pay any outstanding obligations. The court will designate someone to carry out the administration of the decedent’s estate, who will have duties such as assessing the estate’s worth, disbursing assets, and fulfilling any creditor obligations.
Probate can be relatively short in some cases. However, if any estate matters are in dispute and legal action is filed to contest the will, or there are any other concerns about the administration of the decedent’s asset, the probate process may take considerably longer. In some cases, probate can drag on for years. Only when all problems have been worked out can the decedent’s assets be administered to the appropriate beneficiaries.
When it comes to estate litigation, it may be tempting to try to handle these proceedings without a professional’s help. However, attempting to contest a will or initiate another estate dispute without qualified counsel can prove to detrimental to the outcome of someone’s case.
A legal professional who has a deep understanding of the laws and procedures surrounding estate litigation can evaluate the individual’s proposed grounds for a dispute and advise what legal recourse could be possible. They can also help to protect an individual’s rights throughout the litigation process and advocate for their best interests before the court.
If you need help initiating or responding to estate litigation in Sugar Land, do not hesitate to reach out to a lawyer for further assistance. An attorney could examine the evidence available for your case and advise whether you may have grounds to support estate dispute litigation. Call the offices of Romano & Sumner today to book a consultation.
Romano & Sumner, PLLC