Probate is a process that takes place after a person’s death. The purpose of probate is to authenticate a decedent’s testamentary documents and to ensure the proper administration of an estate. However, while a court will take many steps on its own to oversee the process, it will never order litigation without a request from an interested party.
Probate litigation in Sugar Land may be appropriate to address various questions concerning the validity of a will and whether an executor has fulfilled their duties under the law. If you feel that your rights are threatened during the probate process, speak to an experienced attorney at Romano & Sumner. Our legal team can help file complaints in probate court as well as present arguments before judges.
The probate process centers on a decedent’s will and the steps taken to fulfill their end-of-life wishes. The first step often involves authenticating a purported will.
Under Texas Estates Code § 256.204, interested parties may contest a will within two years of the will entering probate. However, only certain people have standing to submit a complaint to the court, such as the heirs at law in the will or those who would stand to inherit if the will did not exist.
These parties may argue that a will is invalid due to the decedent’s lack of mental capacity at the date of signature or undue influence from a third party, among several other claims that the will is invalid. A probate litigation lawyer at our Sugar Land office could provide more information about this process and represent parties looking to ensure the validity of a will in probate.
After legitimizing a will, the court names an executor. This executor has the sole power to gather the decedent’s assets, prioritize and pay the decedent’s debts, and give property to the distributees named in the will. According to TX Est. Code § 351.101, an executor has a duty of care to administer the estate as a prudent person would under the circumstances.
Failure to fulfill this duty may leave the executor personally responsible for all lost value in the estate. A seasoned Sugar Land attorney can help to pursue probate litigation against executors on behalf of members of the estate. A lawyer can also defend parties facing these allegations in court.
The probate process will determine the property rights of a decedent’s heirs at law. While courts have broad powers to apply the laws and protect the rights of heirs, they will never act on their own. As a result, those looking to contest a will or demand an inquiry into the actions of an executor will need to initiate probate litigation in Sugar Land.
Litigation can have various outcomes. Challenging a will could lead to a court recognizing a previous version of a decedent’s will or applying the state’s intestacy laws. Pursuing a lawsuit against an executor could restore the value of the estate by holding that party personally responsible for all damages. Talking with an attorney at Romano & Sumner can help you better understand the law and learn whether probate litigation is necessary to protect your rights.
Whether you are looking to preserve your rights in probate or need to defend your actions, call us today for guidance.
Romano & Sumner, PLLC
