Estate Litigation

Probate Process

When a person passes away in Texas, their estate typically goes through the probate process. This legal procedure involves validating the deceased person's will, appointing an executor or administrator, and distributing assets to beneficiaries or heirs.

Intestate Succession

In cases where a person dies without a valid will (intestate), the state's laws dictate how assets are distributed to heirs. Disputes can still arise in these situations over who qualifies as an heir and the distribution of assets.

Breach of Fiduciary Duty

Executors, administrators, trustees, and other fiduciaries have a legal obligation to act in the best interests of the estate and its beneficiaries. Estate litigation may arise when these individuals are accused of breaching their fiduciary duties.

Challenges to Asset Transfers

Some estate disputes revolve around transfers of assets made before the decedent's death, such as gifts, sales, or changes in ownership. Creditors, heirs, or beneficiaries may challenge these transactions if they believe they were made improperly.

Time Limits

It's important to note that there are specific time limits for initiating estate litigation in Texas, and they can vary depending on the type of claim. Missing these deadlines can severely limit the ability to pursue legal action.

Will Contests

One common form of estate litigation in Texas is will contests. This occurs when individuals dispute the validity of a will, alleging factors such as undue influence, lack of capacity, or improper execution. Courts will examine the evidence and make a determination regarding the will's validity.

Trust Disputes

Estate litigation can also involve disputes related to trusts, which are legal entities established to manage and distribute assets. Conflicts can arise over the interpretation of trust terms, the actions of trustees, and the rights of beneficiaries.

Guardianship and Conservatorship Disputes

In cases where an individual becomes incapacitated, family members may seek guardianship or conservatorship over their affairs. Disputes can occur over who should be appointed as the guardian or conservator, and how they should carry out their duties.

Spousal Rights

Texas law provides certain protections and rights to surviving spouses, including community property rights. Estate litigation can arise when these rights are not respected or when disputes occur between surviving spouses and other heirs.

Legal Representation

Estate litigation is complex, and individuals involved in such disputes typically seek legal representation to navigate the process. We are experienced estate attorneys that help our clients protect their interests and navigate the Texas legal system.