Probate and Will Disputes; Probate Litigation
When a person passes away or enters their later years, certain estate planning and end-of life matters can be put into effect regarding medical care, transferring of personal property, and end of life planning. Disputes can sometimes arise between beneficiaries and powers of attorney surrounding the legality or admissibility of these plans. If necessary, these issues can be solved through litigation in probate court.
Probate litigation is the process of challenging a provision of the Last Will and Testament, a codicil to the Last Will and Testament, the appointment of the personal representative, or the entire contents of the Last Will and Testament or some other probate issue in court.
Probate litigation can refer to a number of situations. Common examples include:
- Challenges to the validity of a will;
- Suits regarding the wording or construction of wills and trusts;
- Contests over whether a guardian should be appointed for an individual who has not executed a power of attorney;
- Trust modification or reformation law suits;
- Suits brought to terminate a trust because the trust’s purpose has become impracticable; and
- Suits by beneficiaries against a fiduciary for failing to act in accordance with the law or a legal document.
High-risk factors for probate litigation include sibling rivalry, second marriages, and dysfunctional families. Multiple marriages and children from multiple marriages cause highly contested probate litigation because of the way that the property has to be or should have been divided. Life insurance trusts are often the best way to separate the interests of the deceased spouse’s children from the surviving spouse and provide for both of them. Creating wills and life estates can also be another mechanism of having your family go through expensive probate litigation.
If you are involved in a probate dispute, a knowledgeable Texas probate litigation lawyer like Alex R. Hernandez Jr. can represent your interests and help you handle your legal dispute from start to finish.
Contact our office today to discuss your situation with one of your skilled legal professionals.
TRIAL-TESTED ADVOCACY FOR A VARIETY OF PROBATE DISPUTES
The terms “contested matters’ and “litigation” are often used interchangeably, thought they are not necessarily the same. While both can potentially require court interference to settle a dispute, some contested matters are relatively routine and can be handled by a knowledgeable probate lawyer with ease. Whether your dispute is an animosity-filled battle between parties or a fairly tame issue, our firm of talented attorneys can advocate on your behalf and help maximize your chances of securing a desirable outcome for your situation. Let us take the burden off your shoulders and handle the legalities.
Our firm is equipped to handle the following types of cases:
- Will contests
- Will and trust construction suits
- Guardianship contests
- Trust modification
- Trust reformation suits
- Trust termination suits
- Breach of fiduciary actions
In many cases, these disputes revolve around the belief that a will, trust, or other estate planning document does not accurately reflect a decedent or trustor’s desires, either by reasons of fraud or mental incapacity. Whatever the case may be, our firm can use our legal knowledge to uphold your loved one’s wishes and ensure you receive your rightful share of their estate.
REQUEST A COMPLIMENTARY CASE EVALUATION TODAY
At Alex R. Hernandez Trial Lawyers PLLC our Texas probate litigation attorneys understand the emotional toll that a probate dispute can have on a person and their family. Alex R. Hernandez Jr. has a 10.0 Superb Avvo Rating and a Membership into the Texas Trial Lawyers Association for our unparalleled advocacy, we can provide the compassionate and skillful advocacy you need to help you get through this difficult time as smoothly as possible. Your rights matter – make sure they are in good hands!
The time to act is now – schedule your free initial consultation today.