The probate process is essential in handling a loved one’s affairs after their passing. When someone dies, their assets and debts must be managed, debts paid, and the remaining estate distributed to beneficiaries.
In Texas, the probate process provides a clear path to transferring assets according to the deceased’s wishes, as outlined in their will, or through state laws if no will exists. However, complications often arise, leading to delays, disputes, and additional stress for grieving families. Understanding these common probate issues in Dallas can prepare you for what to expect and highlight the importance of seeking help from a skilled probate lawyer when complexities arise.
Executor Challenges and Resignations
In many wills, the deceased will have named an executor—someone they trust to oversee the estate. However, this role can be more challenging than expected.
Executors must handle various tasks, from filing paperwork with the probate court to managing and valuing assets and paying creditors. For many, the responsibility may feel overwhelming, especially when combined with personal grief. Some executors may even decline the role altogether, leaving the court to appoint a replacement. This can delay probate proceedings and may even lead to disagreements among beneficiaries over who should take on this responsibility.
An experienced Dallas probate attorney can be invaluable in helping executors navigate their duties or advising families if a court appointment becomes necessary.
Disputes Over Estate Valuation
Accurate estate valuation is essential to determine estate taxes, creditor settlements, and distributions to heirs. In Texas, probate courts require detailed inventories of the estate’s assets.
When an estate includes valuable items such as real estate, businesses, or significant personal collections, determining their value can lead to disputes among beneficiaries, creditors, or tax authorities.
Beneficiaries may want a higher valuation if they believe it will increase their inheritance, while others might advocate for lower valuations to reduce potential taxes or liabilities. Working with an experienced attorney can bring light to the actual value of an estate and put the risk of estate myths and common issues at risk.
Contesting the Validity of the Will
One of the most common issues in probate is a challenge to the will itself. Beneficiaries or other parties may contest the will if they believe it does not accurately reflect the deceased’s wishes.
This often occurs when someone suspects undue influence, fraud, or incapacity, especially if the deceased made the will while experiencing health or cognitive issues. Proving these claims can be complex and requires substantial evidence. Will contests can be contentious and may lead to lengthy court battles, which can further drain estate resources. Working with an attorney can help interested parties understand their rights, whether they wish to contest the will or defend it.
Handling Multiple Wills
In some cases, more than one will may surface, leading to confusion and potential disputes. Multiple wills require the court to determine which one is the most recent and legally valid.
Texas law generally considers the latest signed and properly executed will the controlling document, but conflicting provisions can lead to disagreements among beneficiaries. Navigating multiple wills requires attention to detail and adherence to Texas probate law to ensure that the correct document governs the distribution of assets.
Executor Misconduct and Breach of Fiduciary Duty
Executors have a fiduciary duty to act in the estate’s and its beneficiaries’ best interests. This means managing the estate’s assets responsibly, paying creditors, and distributing remaining assets according to the will or state law.
However, situations may arise where beneficiaries believe the executor is not fulfilling this duty. Common allegations include mismanagement of assets, self-dealing, or withholding information from beneficiaries. When an executor fails in their fiduciary duty, beneficiaries can petition the court for relief, which may include the removal of the executor or compensation for any losses caused.
If you feel this is an issue with your departed loved one’s assets, contact Sharpe Law Group today to learn more about how our attorneys can help distribute them to their rightful place.
Family Disputes and Emotional Strain
Unfortunately, probate often brings underlying family tensions to the surface. Long-standing conflicts or misunderstandings may become more pronounced, especially when substantial assets are involved, or family members feel they have been unfairly treated in the will. Family disputes can delay probate proceedings and add to the emotional burden. Probate attorneys can provide an objective perspective and help mediate disagreements, working to find solutions that respect both the legal requirements and family dynamics.
Get Dallas Probate Help From Sharpe Law Group
Navigating the probate process can be overwhelming, especially when facing common issues like executor challenges, will contests, or disputes over asset valuation.
At Sharpe Law Group, we understand the complexities of Texas probate law and are committed to providing compassionate, effective representation to families in Dallas. Our experienced probate attorneys can guide you through each step, helping to resolve conflicts and facilitate a smooth transfer of assets. Whether you’re an executor seeking assistance in fulfilling your duties, a beneficiary with questions about your inheritance rights, or a family member concerned about the validity of a will, we are here to support you during this challenging time. Reach out to us to learn how we can assist you with your probate needs.
