Houston is the most populous city in the state of Texas and the fourth most populous in the nation, with over 2,000,000 residents. With its extensive history, many families have been rooted in the city for generations, so it is highly likely that many of them own estates. However, when a person dies, their estate goes into probate.
Probate in Texas is the legal process of validating a will, identifying heirs, settling debts, and distributing property. It can be smooth, but often, it isn’t. Conflicts can break out among siblings, between step-relatives, or even between close friends and caretakers. These disputes can drain the estate’s assets and pull families apart. That’s why it’s important to understand what kind of conflicts may arise and how they play out legally.
If you’re dealing with the Texas probate system and tensions are already bubbling, speaking with a Houston probate attorney near you can be the smartest move to protect your rights and avoid further complications.
The following are possible disputes that can arise in the probate process:
Will Validity Challenges
One of the most common reasons people end up in probate court is to argue over whether a will is legally valid. This type of disagreement is called a will contest. In Texas, not just anyone can challenge a will. Only interested persons, who include spouses, heirs, creditors, or anyone with a legitimate stake in the estate, can do so.
There are a few main reasons someone might claim that a will is invalid. The first is non-compliance with legal formalities. In Texas, for a will to be legally binding, it must generally be in writing, signed by the person creating it (known as the testator), and signed by at least two credible witnesses in the testator’s presence. If the will is missing any of these steps, it could be thrown out entirely.
Then there’s undue influence. This happens when someone pressures or manipulates the testator into creating or changing a will in a way that benefits them unfairly.
The court looks for signs that the influence overpowered the testator’s own free will. This is especially taken seriously when there’s a close or confidential relationship between the influencer and the testator, such as a caregiver, attorney, or family member.
Disagreements Over Will Interpretation
Even when a will is valid, that doesn’t mean everyone agrees on what it actually says. The language in wills can sometimes be vague, ambiguous, or even contradictory, and this opens the door for disputes.
Take vague wording, for instance. A will that says “divide everything equally” might sound straightforward, but what does “everything” include? Do sentimental items like family photos or heirlooms fall under that? And what does “equally” mean, equal in number of items, or equal in monetary value?
Then there are contradictory instructions. A will might say one thing in one section and something totally different later on. For example, it may state that one child inherits the family home, but then later refers to the same home as being sold and its proceeds divided.
That kind of inconsistency can confuse everyone involved and often requires court intervention to sort out.
Conflicts Over How Assets Are Divided
A will might try to spell out exactly who gets what, but things still don’t always go smoothly. Asset distribution disputes happen for several reasons.
One common cause is when certain property is left out of the will entirely, either because the testator forgot to include it or because they acquired it after writing the will. Then there’s joint ownership, like when a bank account or home is jointly owned with someone else. Is that asset part of the estate or not? People often don’t agree.
Another major trigger is sentimental value. An item may have little financial worth, but may mean the world to someone emotionally. Without clear direction in the will, these items can spark surprisingly intense arguments. Similarly, when beneficiaries disagree over an item’s value, like a collection or artwork, it can lead to friction.
Sometimes assets are simply missing or hard to locate. If a beneficiary suspects that someone is hiding, withholding, or has already sold an item that should be part of the estate, it could spark serious conflict.
Disputes About Debt and Redistribution
Before beneficiaries can receive what’s left to them, the estate must first settle any outstanding debts or taxes. If there isn’t enough money in the estate to cover everything in the will after debts are paid, then disputes can arise about redistributing assets.
This situation, known as estate insolvency, often forces beneficiaries to accept less than what they were promised, or even nothing at all.
Deciding which provisions of the will must be adjusted or revoked, and how to do it fairly, is rarely a simple task. People may argue over who takes the loss and whether the executor has made the right decisions.
Read more: I Inherited a House and Want to Sell It
