Probate family settlement agreement lawyer in El Paso, TX
When a loved one passes away, family members may have issues with the distribution of assets. Any of these legal matters require an experienced probate litigation lawyer to help with the process. The Law Office of Steve Ortega, PLLC, can take probate litigation cases related to seeking compensation for a breach of fiduciary duty, will contest, disputing a Trust, obtaining a property that was wrongfully taken, settling a title to a property, incapacity or undue influence issues, and handling interference of an inheritance claim. Those still living must go through the probate process, which requires facing the challenge of court battles, and it can be a complex process. The Law Office of Steve Ortega, PLLC, can make the process easier to understand and help your family through the process.
What is Probate Litigation?
Probate litigation refers to a dispute that arises during a probate process after a loved one passes away.
Probate litigation occurs when a beneficiary or interested person believes that something did not play out the way the loved one who passed desired. The interested party must hire a lawyer to begin the probate litigation process.
Common instances that can lead to family disagreements
When a loved one passes away, several parties may be interested in the distribution of assets. When the parties have disagreements on how the assets should be distributed, they must go through the probate litigation process.
Probate litigation can refer to several situations. Common examples consist of:
• Validity of the Will: A Will can be contested if it is in question by a beneficiary or family member. If they feel the Will unfairly distributed assets or think that the testator did not have the mental capacity when the Will was drafted, they can contest the Will.
• Guardian contests: Disagreements over whether a guardian should be appointed to an individual who has not executed a power of attorney.
• Trust termination: A suit can be brought to terminate a Trust if the Trust’s purpose has become unfeasible.
• Surcharge in a Trust: A lawsuit filed against the Trustee due to illegal or mismanagement actions of the Trustee.
• Suite against a fiduciary: Beneficiaries can file a suit against a fiduciary for failing to execute their duty.
• Creditors: Creditors are still entitled to their payments. If a loved one passes, the creditors will have to file a lawsuit against the estate and obtain repayment through probate.
• Surcharge in a Trust: A lawsuit filed against the Trustee due to illegal or mismanagement actions of the Trustee.
Categories that increase the risk of family disagreements:
• Sibling rivalries
• If the person who passed had former spouses with children
• Problematic family members
• Couples who did not have a prenuptial agreement
• An overly detailed or complex Trust
• Leaving valuable assets to a mistress or someone not familiar to the family
• An appointed Trustee who is inadequate
If your family is in the middle of a tense dispute regarding your loved one’s estate, you will need an experienced and knowledgeable lawyer to take your case. We understand that every issue is complex; however, you can Trust that we will help you through the probate process.
