How Can I Avoid Probate Litigation?
The best way to avoid probate litigation is to avoid probate and the best way to do that is with a revocable living trust. You can title your assets into the trust and manage the trust for many years before you pass away. We then have years of you managing your assets within the trust to show the probate judge that it is doing exactly what you intend. It is much less likely that you lacked mental capacity or didn’t know what you were doing. That greatly reduces the risk of litigation.
If you’ve used a will, the executors pay the attorney’s fees and the filing fees. Anyone who is unhappy with it can simply show up at the hearing and begin a dispute. It triggers a lot of problems and skyrockets the costs. If you’ve done a trust, on the other hand, it didn’t go to probate court because there is nothing to probate since everything is being privately managed in the trust. If someone is unhappy and they want to cause a dispute, they have to hire their own probate attorney, pay filing fees, and prove to the judge that they should even get access to see the trust in most cases. A trust is a private document. It usually costs a lot more money and energy to dispute a trust than it does a will.
If we suspect that there might be a dispute coming, I oftentimes advise my clients to nominate a professional trustee like a bank or a professional trust company, because they have a fiduciary duty to defend the trust. If someone tries to accuse the bank of violating its fiduciary duty, the bank has very good attorneys, who are very good at defending against that scenario early on, which saves time and fees.
What Sets You And Your Firm Apart In Handling Probate And Probate Litigation?
I care very deeply about probate clients and I am passionate about taking care of them it because it has personally affected my family. My grandfather left a farm in another state to his children and my mother was appointed the executor. It went terribly and took years to get through the probate process because it was poorly handled by the probate attorney. It really caused a rift in my family.
I knew I could do a better job for families to make sure that they don’t have to go through these things by themselves. A good probate attorney can do a lot to prevent conflict amongst families and get it done quickly, instead of dragging it out. On top of that, I went to one of the best law schools in the country and I litigate with some of the top attorneys in Austin. I’m very good at what I do and I really enjoy my career.
For more information on Avoiding Probate Litigation In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 851-1248 today.