Houston Estate Planning and Elder Law Attorney Blog
If you go through the trouble to carefully draft and execute your estate planning documents, you want your loved ones to respect your wishes for your assets. Sometimes, though, heirs contest their loved ones’ wills after their loved ones are gone. The most common reasons that descendants contest a will include fraud, undue influence, and testamentary capacity. Maintaining an awareness of these possibilities is the first step to protecting your will or estate plan from being contested. There are methods, though, that we recommend you keep in mind in order to give yourself the best possible chance of avoiding a contested probate process in Texas.
Consider a Trust
If you choose to put assets in a trust instead of a will, the assets avoid probate altogether. The trust has several major benefits, one of which is that it offers less opportunity for loved ones to contest the distribution of assets. Probate is a long, drawn-out legal process, and it can sometimes get messy if heirs or other third parties want to challenge the legality of a will. By putting assets into a trust, heirs automatically get the assets left by the decedent and avoid probate altogether.
Consult an Experienced Houston Estate Planning Attorney
One of the best ways to guard against a contested probate is by talking with a Houston estate planning attorney to ensure your estate plan is both legally valid and enforceable. It can be tempting to use “DIY” wills online, and while it seems easier and less expensive in the short term to use these online tools, it can often end up leading to drawn out, complicated probate processes later on. We therefore recommend investing the time and money into consulting with an attorney early in your process to make sure your will has everything it needs.
Communicate Early and Often with Your Loved Ones
Lastly, it can help to make sure your beneficiaries are aware of your estate plan and that they understand the intent behind your wishes. By keeping open lines of communication with your loved ones, you can minimize the chance that they will contest the probate process down the road.
Have You Called McCulloch & Miller for All of Your Estate Planning Needs?
At McCulloch & Miller, we are a team of Houston estate planning attorneys with decades of experience in helping our clients set up their estate plans for success. We have a record of effectively helping our clients draft estate plans and helping ensure that the probate process runs smoothly. Our clients tell us time and time again that we offer them not only high-quality legal services, but also peace of mind during a time that can often be difficult to navigate. To set up a consultation with a Houston estate planning attorney from our firm at McCulloch & Miller, call us today at 713-597-7176. You can also fill out our online form, and an attorney will reach out to talk with you about the details of your case. We cover estate planning, trust administration, elder law, special needs planning, public benefits planning, and more.