One goal of many estate plans is to keep as much property as possible out of the probate process. For instance, some plans put property in a trust, so that it can be distributed to beneficiaries without the need to go through probate.
It’s also important to minimize the chance of probate litigation, if at all possible. Challenges to a will can drag on for a long time, cost a large amount of money and pit family members against each other. S
Protection against litigation
Is your estate plan set up to withstand probate litigation?
If your estate plan is drafted correctly, the answer to that question may be a simple yes. Hopefully, your estate plan is up to date, the beneficiaries all know what to expect, the executor knows what the role entails – everything is known and expected. A carefully crafted estate plan can usually help stave off any probate challenges.
However, executors and others should be prepared for the possibility of probate litigation. These disputes can tangle up the distribution of assets for months – or even years. Dealing with the challenges swiftly can be complicated, but with the right approach, executors, heirs, beneficiaries and other may be able to finally wrap up the probate process.
Preparing for probate
For more information about how our law firm attempts to help people make plans to avoid or prepare for probate, please visit the probate law overview section of our website. Navigating the probate process can be completely foreign for many people in Texas. We do our best to help our clients get through the process and move on with their lives.