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Probate Lawyer in the Woodlands, TX

Protect Your Assets Ahead of Time

Probate is the process by which a decedent’s will is accepted as valid or invalid and the estate is administered. In many cases, probate is a straightforward and relatively quick process, but some families have more complex issues to sort through. For example, although not usually required, when a probate bond is required, or when probate litigation arises from a will-related dispute, the estate lawyers at The Law Offices of Andrew J. Bolton, Esq. in The Woodlands can offer in-depth knowledge and resources to resolve the matter.

Probate Litigation: Why Do Claims Arise? Probate Lawyer in the Woodlands, TX

Probate court litigation involves contested matters that require a court action to resolve, such as fraudulent acts alleged to have been committed by an executor. Another common example of probate litigation is a “will contest.” A will contest is a proceeding in which one or more parties challenge the validity of the will. A will may be contested when it is thought that it was not produced under lawful circumstances, such as when the testator was mentally incapacitated or was subject to undue influence. Other examples of contested matters that may be settled with probate litigation include the following:

  • Disputes regarding the appointed guardian of a minor child
  • Legal actions intended to terminate a trust
  • Requests to the court to clarify the meaning of wording used in the will or to create a trust
  • Requests to the court to modify the terms of the trust due to improper wording or changed circumstances.

Reasons why you might seek probate litigation:

  • Will Authentication: The creation of wills is closely protected by law. A "Will Contest" is when you believe that your loved one's will was improperly drafted, or it was written under suspicious circumstances, you might choose to challenge its terms.
  • Inheritance Dispute: It's very common for heirs to dispute the terms of a loved one's will. Hiring a skilled attorney to argue your side can help ensure that you receive what's fair.
  • Heir Determination: Unfortunately, many people pass away without drafting a will. Going through the probate process can help determine heirs in the absence of a loved one's will.

The Probate Process May Include:

  • Required court appearance
  • Court hearing
  • Filling a variety of paperwork
  • Discharge of your obligations

Probate lawyers have first-hand knowledge and experience to help their clients navigate these complex proceedings. When probate bonds are difficult to obtain or probate litigation arises, a lawyer’s services can prove invaluable.

The Law Offices of Andrew J. Bolton, Esq. provides personalized attention and effective legal advocacy services to clients throughout The Woodlands. Call us at (936) 435-1908 to discuss your probate or estate planning needs.

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