Finding the Best Probate Litigation Attorney in Texas
Even when all goes smoothly, the probate process can be arduous. During probate, the court oversees estate administration, including the payment of debts and the distribution of assets.
Sometimes, though, the probate process is interrupted by a dispute. Maybe a beneficiary feels they’re entitled to a larger portion of the deceased’s assets, or maybe an adult child of the deceased believes they were subject to undue influence.
In some cases, such disputes can be settled outside of court. But if they can’t, they must be resolved through probate litigation.
If you’re involved in a probate dispute or you’re looking to file a dispute yourself, you need the services of a proven Texas probate litigation attorney. Texas Tax & Estate Law is here to help.
Understanding Probate Litigation in Texas
Probate litigation occurs when an interested party (someone with a financial or other legitimate stake in the will) files a formal legal dispute. Here are a few common examples:
- A beneficiary disagrees with the asset distribution in the will
- A family member believes the deceased was coerced into changing their will
- Relatives suspect that the executor of the estate has engaged in misconduct
The litigation process generally begins with the filing of a lawsuit, and the involved parties may have to attend court hearings, mediation sessions, and even a jury trial. Anyone looking to contest a will should contact a Texas probate litigation attorney for assistance.
Probate Litigation Services Our Houston Attorneys Handle
Have you encountered an issue during the course of estate administration? If so, our probate lawyer can offer crucial guidance. Our services extend to the following practice areas.
Trusts can often prevent assets from having to go through probate, but that doesn’t mean they’re immune to legal problems. The skilled probate lawyer at Texas Tax & Estate Law can represent you in conflicts over trust interpretation and administration.
If you believe your loved one’s will is the result of fraud or undue influence (or otherwise not legally valid), you might choose to contest it. We’re prepared to put our deep knowledge of Texas estate law to work while representing you.
Sometimes, whether negligently or intentionally, executors and administrators fail to act in the estate’s best interests. At this point, fiduciary litigation may be the best way to protect your loved one’s assets and legacy.
Our probate attorney can help beneficiaries contest the valuation of one or more assets in the estate. They can also represent beneficiaries and potential heirs in disputes over rightful ownership.
When someone dies with no will, there’s a reasonable chance that their heirs will dispute the distribution of assets according to intestacy laws, necessitating the involvement of a Texas probate litigation attorney.
Probate Administration and Executor Responsibilities in Texas
The courts oversee the probate process, but administrators and executors still have considerable responsibilities to fulfill. When someone dies, their personal representative usually must take the following steps:
- File the application for probate
- Notify beneficiaries of the death
- Publish a notice to the deceased’s creditors
- Create an inventory of the assets the deceased owned
- Protect and manage real property and other assets
- Pay legitimate debts and taxes owed by the estate
- Distribute the remaining assets to beneficiaries
Critically, administrators and executors have a fiduciary duty to the deceased’s estate. Self-dealing, or acting in a way that benefits themselves instead of the estate, is a violation of the law. If an administrator or executor breaches their fiduciary duty, they may face considerable legal consequences.
Common Probate Disputes and Contested Estate Cases
Probate litigation for Texas families can involve a number of unique situations. Here are some of the most common.
Will Contests
When someone contests a will, they’re asserting that it isn’t legally valid. Three of the most common reasons for contested probate cases are:
- Undue Influence: The deceased was pressured into creating or changing the will
- Lack of Testamentary Capacity: The deceased wasn’t of sound mind when creating the will
- Improper Execution: The will wasn’t created in accordance with the Texas Estates Code
If you’re considering contesting a will, consult a qualified probate lawyer first. Your attorney can discuss the situation and determine whether you have sufficient grounds for a contest.
Disputes Over Heirship
If a person dies without leaving a will, their assets must be distributed according to Texas’s intestate laws. These laws give the court a way to identify the deceased person’s legal heirs. However, if a family member thinks the court has made a mistake, they may file a dispute.
Violation of Fiduciary Duties
Estate executors (those appointed in the will to handle an estate) and estate administrators (those appointed by the court to handle an estate) have a fiduciary duty to act in the best interests of the estate. This means they’re legally obligated to follow the law and distribute assets according to your loved one’s wishes.
Unfortunately, executors and administrators sometimes mishandle the deceased person’s assets or even intentionally steal from the estate. When this happens, the beneficiaries may take legal action to have them removed.
Disputes Over Common-Law Marriage
In some cases, two people in a long-term partnership may meet the criteria for a common-law marriage. If the surviving partner can prove they were in this kind of marriage, they may be entitled to some of the decedent’s assets.
Legal Representation for Executors, Trustees, and Beneficiaries
A probate trial lawyer in Texas can represent the beneficiaries and family members of a deceased person. However, they can also represent executors and trustees.
If you’re the executor of someone’s estate or are overseeing one or more trusts on the deceased person’s behalf, being threatened with legal action can be alarming. To protect yourself, you should consult with a probate lawyer from Texas Tax & Estate Law right away.
Facing probate litigation isn’t the same as facing a criminal charge. However, if a civil court finds you liable for misconduct, you could be ordered to pay thousands of dollars and suffer reputational damage. Your lawyer can formulate an effective defense strategy and offer support throughout the legal process.
Trust Disputes and Fiduciary Litigation
A fiduciary litigation lawyer in Texas represents family members impacted by executor or trustee misconduct.
Whenever someone establishes a trust, that structure is overseen by a trustee. Like estate executors and administrators, trustees have a fiduciary duty to uphold. If they fail in that duty, they can be removed through legal proceedings.
Our experienced probate attorney has helped countless family members stand up to ineffective and unethical executors and trustees.
The Probate Litigation Process in Texas Courts
If your loved one’s estate is being contested, your probate lawyer can offer valuable guidance on what to do next. However, it can be helpful to understand the basics of the Texas probate litigation process. Here’s a brief overview of the steps involved.
Filing the Petition
To begin the process, your probate lawyer will file a petition on your behalf. If the estate is currently going through probate, they might file a motion in the existing case.
Discovery
In the discovery phase, both parties gather and share evidence that supports their case. For example, if you’re challenging a will because your loved one lacked testamentary capacity, your attorney may be able to gather medical records showing your loved one had serious memory loss.
Mediation or Settlement Negotiations
Litigation can be costly and stressful for everyone involved, so courts often encourage the parties to resolve the issue outside of the courtroom. They may attend mediation, or probate attorneys for both sides may try to come to a settlement agreement.
Trial
If the case can’t be settled, the parties will move on to the next step in the legal process: trial. This is a civil trial where both sides argue their case, and the court decides the outcome.
Why Choose Our Houston Probate Litigation Attorney?
If you’re in need of a trustworthy Texas probate litigation attorney, you shouldn’t just choose the first one you come across. This is a complex (and often emotionally charged) area of law, and if you want to improve your chances of success, you’ll need skilled legal representation.
Texas Tax & Estate Law maintains an exclusive focus on estate law and tax issues. Attorney Lewis Booth has more than 15 years of experience as a tax, estate, and probate attorney. With his qualifications and commitment to clients’ well-being, he’s well-positioned to guide you through the probate process and any disputes that arise along the way.
To learn more about how Texas Tax & Estate Law can assist you, contact us today to schedule an initial consultation.
Frequently Asked Questions
What Is Probate Litigation in Texas, and When Does It Occur?
Probate litigation takes place when someone files a lawsuit during the estate-administration process. This often happens when a party seeks to challenge the will’s validity, contest the distribution of the deceased’s property, or accuse someone involved in estate administration of misconduct.
What Are the Most Common Reasons Families End Up in Probate Litigation in Texas?
There are many ways Texas families can end up in probate court. However, some of the most common reasons are will contests, claims of undue influence, allegations that an executor or administrator has breached their fiduciary duty, and disputes over inheritance rights.
Who Can File a Probate Dispute or Lawsuit in Texas Probate Court?
Anyone with a financial interest in the estate (or a legal right affected by the estate) is entitled to file a dispute in probate court. These interested parties can include beneficiaries, heirs, the surviving spouse of the deceased individual, creditors, executors, and administrators.
How Do You Contest a Will in a Texas Probate Court?
To contest a will, you must file a lawsuit in the relevant probate court. Texas law generally requires eligible parties to contest a will within two years of its admission to probate.
Contesting a will is a complex process, so you should speak with a probate litigation lawyer in Texas before doing so.
What Evidence Is Needed to Successfully Contest a Will in Texas?
Your probate lawyer will be able to tell you what types of evidence will be valuable in your case.
For instance, if you’re challenging a will because you believe a family member unduly influenced the deceased, you may need proof that the accused isolated the deceased, records of unusual bank transactions, and testimony from witnesses.
How Long Does Probate Litigation Typically Take in Texas?
The probate litigation requirements in Texas are nuanced, and the courts can slow down the estate litigation process itself. In many cases, legal disagreements can be resolved within one to two years. However, highly complicated disputes can take longer.
A knowledgeable probate lawyer can review your case and give you a better sense of how long it may take to resolve.
What Is the Difference Between Probate Administration and Probate Litigation in Texas?
Probate administration refers to the handling of uncontested probate matters. This is when the court supervises the distribution of assets and payment of debts. Probate litigation describes the legal process that unfolds when disputes arise. Will contests and inheritance disputes commonly lead to probate litigation.
How Much Does Probate Litigation Cost in Texas?
The cost of probate court litigation depends on the specific legal issue, the complexity of the situation, and the probate lawyer’s fee schedule. However, it’s not unusual for the cost to exceed $10,000.
What Are the Legal Grounds for Contesting a Will in Texas?
If you contest a will, you’re alleging that the document is invalid. The primary legal grounds for contesting a will are lack of capacity, undue influence, forgery or fraud, and improper execution.
Can Beneficiaries Challenge an Executor or Estate Administrator in Texas?
Yes. If the beneficiaries suspect that an executor or administrator has acted dishonestly or mismanaged the estate, they have the right to challenge that executor or administrator. Other parties with an interest in the will may do so as well. Before starting the process, they should seek out reliable Texas probate lawsuit representation.
How Does a Texas Probate Court Resolve Disputes Over an Estate?
Because litigation is expensive, time-consuming, and stressful, the courts usually try to resolve estate-related disputes in other ways first. In some cases, the court may order the parties to attend mediation, which involves sitting down with a neutral, trained facilitator to try to work toward a solution.
What Happens if Someone Believes a Will Was Created Under Undue Influence in Texas?
If you think one or more family members or other parties unduly influenced the testator, you should contact a probate lawsuit attorney in Texas.
You’ll generally need to prove that the party in question exerted some level of influence, that their influence was enough to effectively overpower the testator’s mind, and that the testator wouldn’t have executed the will as written without that person’s influence.
Can Probate Litigation Delay the Distribution of Assets to Heirs in Texas?
Yes. Assets generally may not be distributed until the probate process is complete, and probate proceedings may not continue until the issue has been resolved. In many cases, probate and estate litigation can delay asset distribution by months or years.
What Role Does a Probate Litigation Attorney Play During an Estate Dispute in Texas?
A probate lawyer can play many roles during an estate dispute. They can act as a legal advisor and as a negotiator when attempting to work out an agreement with the other side. If a court must ultimately decide the case, your attorney can also present arguments on your behalf during the ensuing trial.
When Should You Contact a Texas Probate Litigation Lawyer About an Estate Dispute?
If you have a reason to contest a will or discover that an executor or administrator has breached their fiduciary duty, you should get in touch with a probate lawyer right away. In Texas, you have a relatively short time to contest a will, and the sooner you take action, the sooner your attorney can get to work on the case.
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You worked hard for your money and property over many years. Secure your legacy today! Consult Texas Tax & Estate Law to craft a valid will and estate plan, navigate community property laws, and streamline probate. Protect your family’s future and contact us today!
