Probate disputes can complicate the already emotional process of managing a loved one’s final affairs after their death.
These conflicts can arise when beneficiaries—those left something in the will or entitled to something under the law—disagree about estate management or distribution. Fortunately, proactive planning and informed decision-making can minimize these issues.
At Massingill, we simplify complex legal matters so families can focus on what is truly important. Contact us today to make a plan to communicate your wishes or to resolve ongoing or potential disputes.
1. Will Validity
Conflicts over a will’s validity are “will contests.” Wills may be invalid for three common reasons:
- The will does not comply with the law;
- The will’s creator (“testator”) lacked “testamentary capacity”; and
- Someone unduly influenced the testator.
When a court concludes a will is invalid, the estate usually becomes subject to distribution under Texas law instead of the will.
Improper Execution
In Texas, a will is typically valid only if:
- In written form,
- Signed by the testator in the presence of at least two witnesses, and
- Signed by both witnesses in the testator’s presence.
A will that does not follow these “will formalities” is usually invalid.
Testator Incapacity
Texas law requires the testator to have “testamentary capacity” when creating a will. To have testamentary capacity means they understand the following:
- What they are doing when they create the will,
- How much and what property they own,
- Who their beneficiaries are, and
- How the will disposes of their property.
Challenges based on incapacity often involve allegations that the testator suffered from a cognitive impairment, such as dementia, when they signed the will.
Undue Influence
Undue influence occurs when someone pressures the testator to create or modify a will in their favor. Texas courts determine whether undue influence occurred by evaluating if a person exerted pressure to overcome the testator’s free will. When the testator and the alleged undue influence were in a confidential relationship, like an attorney-client relationship, the law may assume undue influence occurred.
2. Will Interpretation
Ambiguous wording in a will often leads to disagreements among beneficiaries. These disagreements frequently center on vague language and discrepancies or contradictions within the will.
Vague Wording
Vaguely worded will provisions—words or phrases that could have more than one reasonable interpretation—often cause disputes. For example, one party might believe “equal shares” refers to shares of monetary value, while another might interpret it as equal physical shares. Similarly, vague terms like “personal items” or “family property” might cause disputes over what specific assets fall under those categories.
Discrepancies and Contradictions
Discrepancies or contradicting instructions also inspire conflict. For example, a will may state that a business should be passed down to a specific heir “if they have been involved in the business for at least five years.” If the will later declares that the heir must have been involved in the business for more than two years to inherit it, those contradictory provisions may cause disputes. Alternatively, a will may leave “all jewelry” to one individual while leaving “my grandmother’s necklace” to another.
3. Asset Distribution Disputes
Beneficiaries might dispute asset distribution based on:
- A will’s failure to address certain properties,
- Joint ownership of assets included in the estate,
- Sentimental value of certain items,
- Disagreements over asset value, or
- An inability to locate certain assets.
The proper way to distribute assets under a will or the law often becomes less clear when beneficiaries disagree over specific assets.
4. Asset Redistribution Disputes
Texas law requires the estate to pay most debts and expenses out of estate funds before distributing assets. An insolvent estate—one that lacks enough assets to satisfy the terms of the will—can also cause disputes.
When an estate has significant debts, satisfying those debts may reduce the amount remaining in the estate. The will may assume more assets are available than they are. As a result, the estate may not have enough funds to satisfy each will provision, requiring redistribution of assets. Individuals may disagree about how best to go about this redistribution.
5. Disputes About Executor or Administrator Misconduct
Another common probate dispute involves actions the estate’s executor or administrator (jointly, “personal representative”) takes or fails to take. An estate’s personal representative is responsible for:
- Gathering and inventorying estate assets,
- Notifying creditors that probate is happening,
- Paying valid debts and taxes, and
- Distributing property.
As they complete these responsibilities, representatives must:
- Act in the estate’s best interests,
- Maintain accurate records, and
- Provide regular updates to beneficiaries.
Failure to meet those obligations may involve, for example:
- Mismanaging assets,
- Using estate funds for personal benefit, or
- Not updating beneficiaries about the probate process.
In those circumstances, beneficiaries may ask the court to compel the representative to act properly or replace them.
Avoiding Common Probate Disputes
The best way to avoid these common probate issues is to prevent them through a comprehensive estate plan that you regularly update.
To create that plan, work with a knowledgeable, reliable estate planning lawyer with no stake in your estate plan and:
- Ensure that all terms and instructions in your will are unambiguous;
- Include specific details about how to divide property and list specific instructions for high-value or sentimental items in your will;
- Document your health and state of mind at the time you create the will;
- Choose a trustworthy, organized, and capable executor and discuss the role with them before designating them in your will;
- Consider involving your family in the planning process;
- Review your estate’s financial situation periodically to ensure your assets are sufficient to cover your debts and intended distributions; and
- Consider purchasing life insurance to provide a liquid asset and flexibility for your estate.
If you are a beneficiary, you may not be able to prevent probate disputes entirely, but you can minimize the chances they will occur by:
- Working with an experienced probate attorney;
- Communicating openly with other beneficiaries; and
- Familiarizing yourself with the laws related to estate administration.
When you cooperate and communicate with other beneficiaries, you can usually avoid or at least anticipate probate disputes.
Resolving Probate Disputes with Help from an Austin Probate Attorney
Probate disputes are stressful but not inevitable. At Massingill, we help families navigate these challenges with confidence. Whether you are planning your estate or navigating a loved one’s probate process, our team can help. Schedule a consultation today with an Austin probate attorney about your probate dispute concerns.
Resources:
- Texas Estates Code § 251.051, link.
- Texas Estates Code § 251.052, link.
- Texas Estates Code § 310.003, link.
- Texas Estates Code § 351.051, link.
- Texas Estates Code § 351.052, link.
Joshua Massingill
Joshua Massingill is an attorney practicing in Austin, Texas. He serves on the Texas State Bar’s Law Practice Management Committee, the Leander Educational Excellence Foundation (LEEF) Board of Directors, and the Success-Werx Board of Advisors. He mentors young entrepreneurs in Leander ISD’s INCubatorEDU program and is active in his church.
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