5 Difficulties You Might Face During Probate in Texas

 Posted on December 30, 2021 in Estate Planning and Probate

Many people these days aim to avoid probate entirely by using trusts to control their estate property. However, probate is inevitable for some. Whether your family member died intestate, used a will, or ended up with a loose asset controlled by a pour-over will, you may need to go through the Texas probate process. Many people find having the assistance of an experienced attorney invaluable during this time. Depending on the size of the estate and what, if any, problems arise, probate can potentially be a long and complicated process. 

What Challenges Often Come Up During Probate? 

Even when it seems that everything is in order and probate should go as smoothly as probate can go, unexpected problems can arise and complicate the situation. A few common reasons that probate may be more challenging than usual include: 

• Missing property - It sometimes happens that property identified in a will cannot be located. This often involves specific personal items. A will may provide, for example, that one child should receive a diamond necklace. If no one can find the necklace described when it comes time to administer the estate, the situation will need to be addressed. The decedent may have already sold or given away the necklace, but there could be a more nefarious reason for the property’s absence. 
• Problematic executor - The executor of an estate has a lot depending on them. When an executor is unwilling, unresponsive to communications, or ineffective, getting through probate can feel like an uphill battle. Enlisting an attorney to assist may be one solution. It is sometimes possible to remove an executor.
• Will contests - Sometimes, a dissatisfied relative who feels slighted will bring a challenge in the hopes of increasing her share of the estate. Other times, there are legitimate reasons to question the validity of a will. You yourself may have reason to suspect that something is amiss with your loved one’s will - perhaps you believe they were coerced, or not competent to sign s will. Regardless of the reason, will contests will bring probate to a screeching halt. 
• International estate property - If the estate involves property located in a country other than the United States, probate is likely going to be quite complicated. You will likely need professional assistance to move overseas property through a probate court. 
• Missing will - You know your family member made a will. You have talked about it at length. However, when the time comes to administer the estate, the will is nowhere to be found. There are ways of trying to locate missing estate plans, but you will need to do so in a timely fashion and may require a lawyer’s help. 

If you are facing any probate challenge, the situation may feel impossible. Probate can be difficult even under the best circumstances. Fortunately, most probate issues can be overcome by an experienced probate lawyer. 

Contact a Texas Probate Lawyer

The lawyers at Geoff Mayfield, Attorney at Law understand how difficult it can be to face probate while you are likely still grieving. Our New Braunfels probate attorneys are committed to making the probate process as easy and stress-free as possible for our clients during this difficult time, no matter what challenges present themselves. Call us at 210-535-0870 for a free consultation. 

Source: 

https://statutes.capitol.texas.gov/Docs/ES/htm/ES.361.htm