Probate and the management of an estate has the potential to lead to conflict among interested parties, each of whom may have their own financial motivations. If you are involved in one of these disputes, you must work to protect your own interests. Although estate litigation should be an option of last resort, it is sometimes necessary under the circumstances of your case. 

What Are Common Issues That Lead to Estate Litigation?

The probate process can lead to costly litigation when things go wrong. There are several issues in probate that can end up in court:

• Will contests are when an interested party disputes the validity of the will itself. They may claim that the testator did not have the proper capacity to make a valid will or that they were under undue influence from another party. One may claim that the will itself is invalid due to the way that it was executed.
• Beneficiaries may argue that the personal representative failed to uphold the fiduciary duties that they owed by either failing to uphold the duty of care or loyalty. 
• The beneficiaries may have conflicts with one another about their treatment under the will
• The assets of the estate may have been improperly valued, or there was an incomplete accounting of estate assets

Will Estate Litigation End Up at Trial?

Like any court case, there is always a chance that you can end up in court at a trial, where the judge will decide the merits of the dispute. Filing a lawsuit does not always mean that your case will go to trial. Many estate litigation cases are settled amongst the parties before they end up at a trial. This outcome is actually the preferred one, although you always have your legal right to a day in court. 

How a Waco Estate Litigation Attorney Can Help You

You should always hire a Waco litigation attorney at the outset of a dispute. They can work to protect and advocate for your legal rights. A Waco estate litigation lawyer can help you by doing the following:

• Evaluating your case and helping you devise legal arguments in your favor
• Negotiating with other parties to the dispute in an attempt to reach a settlement
• Working to protect your financial interests, whether you are a beneficiary or the personal representative
• Preparing your case and arguing it in court if you cannot reach a resolution

Although hiring a trust litigation lawyer is an expense, it is one that you must bear to protect your interests. Otherwise, your financial interests could be adversely affected if you do not stand up for yourself and take legal action.

Contact a Waco Estate Litigation Attorney

Speak to a Waco estate planning lawyer at The Law Office of Brett H. Pritchard to learn more about your legal rights and path forward in the event of an estate dispute. You can schedule an appointment with a lawyer by messaging us online or by calling us today at 254-781-4222.