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Why and how to identify interested parties for a will contest

In some cases, after a person's death in Texas, the will can be challenged. The person who files that challenge is also responsible for making sure that all "interested parties" are notified. This is because all interested parties must have the opportunity to participate in litigation if they choose to do so.

However, the process of identifying and notifying interested parties may be more complex than the challenger realizes, and there can be quite a large number of interested parties. All family members of the person who died are generally considered to be either actual or interested parties. This is the case even for those who are not named in the will.

Furthermore, all the parties that are named in the will are considered interested parties. If a will was made prior to the one that is currently in probate, those who were named in the former will might also be considered interested parties.

Those who find themselves involved in litigation relating to estate administration and probate may want to contact an attorney. There are several reasons that people might choose to challenge a will. Some family members might do so because they have not inherited the assets they expected, or have been disinherited altogether. Litigation around an estate plan can also be related to old family conflicts. Additionally, families might be concerned that someone took advantage of the person who wrote the will -- for example, the person might have changed the will completely shortly before dying and suddenly left everything to one individual. Wills may also be challenged on the grounds that the person who passed away was not of sound mind when the document was created. Litigation can also occur if there are contradictions in the estate plan, such as an asset passed to one person by beneficiary designation and then to someone different in the will. An experienced attorney can help protect their client's proper inheritance. 

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