After the death of a loved one, families commonly need a probate litigation lawyer to protect family wealth. More specifically, the lawyer helps rightful beneficiaries and heirs enforce the wishes of the deceased. In achieving these objectives, the lawyer often needs to file or defend Austin Contested Probate Lawsuits.
What Are Austin Contested Probate Lawsuits?
Contested probate lawsuits involve several different types of legal issues. More specifically, these lawsuits typically litigate Will Contest, Fraud, Breach of Fiduciary Duty, and Estate Dispute Issues.
Austin Contested Probate Lawsuits – Fraud, Breach of Fiduciary Duty, Will Contests, and Estate Disputes
What Are Will Contest Issues?
Several issues start Austin Contested Probate Lawsuits. The most common issues include the validity of a Will and Will contest issues. These Will Contest issues litigate the below questions:
- Did someone forge the Will?
- Was a do it yourself Will defective or leave a lapse in inheritance?
- Did someone fraudulently trick the testator into making or executing the Will?
- Did someone unduly influence the testator into making the Will?
- Which Will was the testator’s last valid Will?
- Did the testator have testamentary capacity when the Will was executed?
- Did the testator ever revoke the Will?
- Was a Will filed within four years of the death of the decedent?
What Fraud and Breach of Fiduciary Duty Issues Cause Contested Probate Lawsuits?
Further, there are a variety of fraud and breach of fiduciary duties issues that cause contested probate lawsuits. Many of these issues begin with Executor and Administrator Fraud or malfeasance. Other issues include the fraud of third parties, heirs, or beneficiaries stealing from an estate.
What Estate Dispute Issues Cause Contested Probate Lawsuits?
Additionally, heirs, beneficiaries, and executors often litigate the value of a decedent’s estate and how the estate is divided. Though these issues seem straightforward, many issues arise while determining the value of estate property including what the decedent owned. Heirs and beneficiaries commonly also litigate how to divide estate real property, businesses, and other inheritance.
Who Should Have An Austin Contested Probate Lawyer?
Anyone involved in a contested probate lawsuit should have a lawyer. Further, anyone filing a contested probate lawsuit should hire a lawyer. Additionally, if you anticipate a contested probate lawsuit, you should consult a lawyer. More specifically, heirs, beneficiaries, and named executors should have a lawyer to protect their interests.