Top 3 Reasons for Estate Litigation in Wilson County

 Posted on February 28, 2022 in Estate Planning and Probate

If you have taken the time to create an estate plan, you probably want it to be enforceable as written. The last thing you want is your beneficiaries or relatives filing lawsuits related to your estate plan. A strong estate plan can help keep the peace among a family after the testator or grantor is gone. However, when an estate plan contains certain flaws, it can have the opposite of the intended effect. Estate litigation can lead to a lot of hurt feelings on both sides of the lawsuit and sometimes causes a permanent rift among a family. 

Some of these mistakes are relatively easy to make, especially if you attempt to do your estate planning on your own. Your best bet is to work with an experienced estate planning attorney who can help you avoid these potential pitfalls and more. 

What Mistakes in an Estate Plan Can Open the Door for Estate Litigation?

Avoiding future litigation at all costs is often a primary goal of estate planners, particularly if there is pre-existing family conflict. Attorneys who have been in this field long enough have seen the devastating effect estate litigation can have on the decedent’s family and loved ones. Some flaws or problems with an estate plan that can invite litigation include: 

• Capacity questions - This is one reason you have probably heard often that the right time to do your estate planning is right now. The younger and more unquestionably sound of mind you are, the less opportunity anyone will have to assert that you lacked the capacity to create a will or trust. If your family members could have any doubts, you can ask your doctor to certify that you have the capacity to do so. 
• Fiduciary duties - Be very careful in who you choose as your trustee or personal representative. The individual you name will owe a fiduciary duty to the beneficiaries. If he or she breaches that duty, your beneficiaries will have the right to initiate litigation. If you are having a hard time selecting someone you trust with this responsibility, professional trustees and estate administrators are an option. 
•  - This is a claim that another person - generally a named beneficiary - coerced or forced you to execute your estate plan as it is written. These claims are very, very common. There are multiple ways to avoid this type of challenge depending on your situation and what planning instrument you are using. 

Make sure you alert your attorney if you have any concerns about possible litigation so they can be sure to take the appropriate steps to prevent it. 

Call a Wilson County Estate Planning Attorney

If you are concerned about potential estate litigation, Geoff Mayfield, Attorney at Law can help set your mind at ease. Our Wilson County estate planning lawyers know a number of techniques for ensuring that your estate plan is as legally sound as possible. Call 210-535-0870 for a free consultation. 

Source:

https://statutes.capitol.texas.gov/Docs/ES/htm/ES.351.htm