Estate planning in Texas can be a stressful process, no matter the circumstances surrounding it. When there is possible familial conflict, however, estate planning and probate can become even more tenuous for everyone involved. To avoid family feuds, we at McCulloch & Miller recommend a few strategies that can help…
Unfortunately, when a loved one leaves behind friends and family members, he or she also leaves behind the possibility that there will be disagreements about how to distribute his or her assets. Even when a decedent writes a will or other detailed estate plan, beneficiaries can often disagree about how…
Even the most diligent of individuals may not anticipate a contest to their will’s validity when estate planning. Planning for your own potential incompetence or fights about your intention between family members can be upsetting and may even seem far-fetched. Unfortunately, planning for the worst-case scenario can help avoid major…
When a family member or close friend is upset by the contents of a deceased person’s will, they may contest the will’s validity. The most popular argument is to claim the will is invalid because of the person’s mental incompetence or that there was undue influence exerted upon them. In…
For many Texans, the thought of their family members fighting after their death because of the contents of their will is something they cannot bear. In many cases, this fighting can lead to a family member contesting the validity of the person’s will. One solution to this potential issue is…
While Houston estate planning may seem complicated, completing this process pays off in the long run. For individuals who start multiple wills throughout their lifetime—or have started a few drafts of wills but never completed one—a probate court battle will likely ensue after their passing. Family members may argue over…
Individuals who are considering drafting a will should consult with a Houston attorney to ensure that their document is legally binding and effectively communicates their wishes. Wills provide representatives and loved ones with crucial guidance on how to name executors, appoint guardians for children and pets, and distribute property after…
With COVID-19 impacting more and more Americans, individuals across the country are scrambling to set up wills and end-of-life directives. Over the last two weeks, online will companies have seen an explosion in users, according to the article, “Coronavirus Pandemic Triggers Rush by Americans to Make Online Wills,” published by…
A will and a trust are separate legal documents that typically share a common goal of facilitating a unified estate plan. While these two items ideally work in tandem, since they are separate documents, they sometimes run in conflict with one another–either accidentally or intentionally. A revocable trust, commonly called…
Contesting a will is not for the faint of heart, but this is the process that lets a person legally challenge a will. When there’s a will, there’s a way to challenge it, known as a “will contest.” If someone dies and they had a will, their estate goes through…