San Antonio Estate Litigation Attorney Representing Beneficiaries
Bexar County Probate Litigation Lawyer for Beneficiaries of Wills and Trusts
After a person dies, their loved ones will want to make sure their final wishes will be followed correctly. During the probate process, the administrator of the decedent's estate will take an inventory of the estate and follow their instructions for distributing their assets to their beneficiaries. However, there may be some situations where beneficiaries believe that a person's wishes were not followed correctly, and they may pursue probate litigation to address these issues or take other forms of legal action to respond to improper actions taken by the trustee who is tasked with overseeing a trust.
In cases where beneficiaries need to take action to contest an estate and ensure that their loved one's wishes are followed or protect their own rights and interests, it is crucial to secure representation from a skilled and experienced lawyer. Geoff Mayfield, Attorney at Law understands the emotional and financial issues that can play a role in these types of cases, and he is dedicated to helping families address these matters correctly. If you believe that another person has acted in a way that is contrary to what your loved one would have wanted, he can help you take steps to resolve your concerns, and he can advocate on your behalf to address these issues either inside or outside the courtroom.
Representation for Beneficiaries in Probate and Estate Litigation
A beneficiary can pursue probate litigation if they are considered to be an "interested person" in matters involving a will or estate. Interested persons may include the beneficiaries named in a decedent's will or the family members who expect to inherit assets from a loved one. Beneficiaries may pursue litigation to address:
- A will's validity - One or more beneficiaries may believe that a will that was filed in probate court was not legally valid. While these cases may sometimes be based on questions about whether a will met all legal requirements when it was created or executed, litigation will often be based on claims that a will went against the decedent's actual wishes. In these cases, beneficiaries will need to provide evidence showing that the decedent was not of sound mind when they created or updated their will, that another party exerted undue influence that made it impossible for the decedent to make their own decisions, or that the will filed in probate court was fraudulent.
- Valuation and distribution of assets - An executor or estate administrator will need to complete an inventory of the decedent's assets and ensure that these assets are properly distributed to the person's beneficiaries. If an estate administration did not handle matters correctly when performing an inventory or determining the value of assets, beneficiaries may seek to have them removed and replaced. Beneficiaries may also take action to address situations where an executor did not properly distribute assets based on the terms of a will.
- Management or distribution of assets in a trust - A trustee is required to manage the assets held in a trust and follow the grantor's instructions for how these assets should be distributed to beneficiaries. If a trustee did not properly manage a trust's assets or did not distribute assets correctly, beneficiaries may pursue litigation, and they may ask for the trustee to be removed and replaced. They may also request that the trustee be required to compensate the trust or the beneficiaries for financial losses caused by mismanagement or improper distribution of assets.
Contact Our San Antonio Probate and Trust Litigation Lawyer
Whether you are a beneficiary named in a will or trust or a person who believes that you should inherit assets from a deceased loved one, Attorney Geoff Mayfield can provide you with legal representation to ensure that your rights will be protected. To arrange a complimentary consultation, contact us today by calling 210-535-0870. We provide representation for beneficiaries in contested estate matters in New Braunfels, Del Rio, San Antonio, San Marcos, Medina County, Hondo, Boerne, Kendall County, Atascosa County, Frio County, Blanco County, Laredo, Wilson County, Seguin, Kerrville, Comal County, Guadalupe County, and Bexar County.