Yes, a will can be contested by someone who has legal standing to object to the will, and for many reasons, such as fraud or invalidity. In order to prevent this from occurring, it is best to seek the counsel of an experienced attorney when drafting the will.

If an individual dies without a will, he is said to have died “intestate.” If an individual dies intestate, the government steps in and decides how all of the decedent’s assets are handled and distributed. Each state has a different intestate succession chart and the assets of the deceased are distributed according to this chart.

If the deceased died with a will, the executor named in the will should take steps to file the will with the probate court and begin the probate process. During this period, the probate court will rule on the validity of the will. If deemed to be valid, the executor then notifies all heirs and creditors and presents the court with lists of who is to inherit what. The executor is in charge of distributing assets and settling creditor claims.

If the deceased died intestate, or without a will, someone must request the court to appoint him or her as the administrator of the estate. This is normally done by a spouse or family member.

Depending on the size of the estate and the number of heirs, probate can become costly and time-consuming for all parties involved. Probate costs include court fees, legal notice expenses, executor’s fees, attorney’s fees and appraisal fees. Under normal circumstances, probate can take anywhere from a few months to over a year. That time period may increase if any heirs contest the will, or if the estate is particularly complicated. During the process, property and assets are generally frozen, and parties involved in the probate process undergo strict and inflexible court proceedings. Further, while wills are private legal documents while the individual is alive, they become public record once they are filed with the probate court. This poses an additional concern for heirs wishing to keep their affairs private.

In cases involving moderately-sized estates, probate may not be too complicated. There are also certain benefits to going through the probate process. For example, the probate process legally verifies the authenticity of a will, if one exists. Any disputes will be resolved and overseen by the probate court, such as guardianship of minors, disputed claims and will contests. Going through probate can also help protect the estate from future creditor claims, as creditors are generally required to file a claim against a decedent’s estate within a certain period.

Some people may not have to go through the probate process. These include situations where the deceased had a living trust, owned assets jointly with right of survivorship, or had certain types of non-probate assets with a named beneficiary. If the deceased did not own any real property and their assets are below the small estate threshold, the beneficiaries may be able to claim the assets without probate.

In most cases, if you trust the individual you are granting power of attorney to, it can be an easy way to ensure that your wishes are carried out, and that your estate is taken care of if you ever become incapacitated. However, an inadequately-written power of attorney document may allow the attorney-in-fact to abuse  power by placing your property in trusts out of reach of your beneficiaries, or by clearing out financial accounts that were intended for specific purposes. That is why it is very important to consult with an attorney before granting power of attorney to an individual.

Having a valid medical power of attorney is an important step all individuals should take. Without an enforceable medical power of attorney, Texas statute generally designates individuals in order of priority for who should be able to make your medical decisions. The list starts with the patient’s spouse, their adult children, the patient’s parents, or another individual clearly identified to act in your best interests, such as a member of the clergy or your closest living relative. Even if you are fine with the list, there are potential situations where this order may not be ideal. The only way to make sure the right people will make your medical decisions is to have an established, enforceable medical power of attorney in place.