Contested Probate Attorney in Southlake

A Dedicated Team Committed to Helping Our Clients in Disagreements During Probate Court Proceedings

The probate process is often an extremely difficult time for surviving family members who are left to navigate the legal proceedings involved in handling the decedent’s property, asset distribution, and the closing of the estate. Not only does Texas probate law have many complexities, but this is often an incredibly emotionally taxing time for many individuals as they are still mourning the loss of their loved one throughout the legal process. Unfortunately, things can always get more complicated, as one party or another may see cause to contest a will or challenge the estate administration process during probate proceedings, thus resulting in unforeseen turmoil that can grind things to a halt.

Whether you are looking to challenge a legal document or the process of estate administration, or you are looking to defend your interests from litigation and lawsuits, you must work with an experienced legal team well-versed in these practice areas. Our estate planning and family law firm has extensive experience representing clients in these and related legal matters, including probate court proceedings and any disputes that may arise therein. As your legal representatives, we will explore all options to help you achieve the most favorable outcome possible in your case, with a steadfast commitment to representing your best interests throughout the entire process.

Whatever the circumstances that bring you here today, we encourage new clients to contact our law office to schedule a free case review with our attorneys and legal staff. In your free, no-obligation case evaluation, we will explore your legal options and help direct you on the optimal path forward.

What Are Different Examples of Contested Probate Cases?

There are many causes for probate litigation or disputes involving estate and trust administration that can arise during the legal process after a person dies.

After the death of a family member, their valid will ( if such a will existed) must be admitted to probate court, where it will be reviewed and validated so that the process may continue. At this stage, the estate executor gathers all surviving estate assets, values them, reviews creditor claims, pays taxes, and begins distributing assets to named beneficiaries. At any stage of the process, the validity of the will may come into question, and other disagreements or conflicts may arise when interested parties see cause to dispute the estate plan or the executor’s administration. Similarly, the testator’s wishes may come into question involving assets locked up within a trust, as beneficiaries question the ethics of trustees or whether the testator was of sound mind at the time of drafting and executing the trust.

Whether you are dealing with a contested will or a trust dispute, we encourage you to contact our law firm to schedule your free initial consultation with our probate litigation attorneys today.

How to Contest a Will or Other Estate Planning Document During the Probate Process?

Being dissatisfied with a will or other estate planning documents is not a good enough cause to challenge those legal documents and take your case to court. There must be valid grounds for contesting wills and probate proceedings to succeed in your aims. Additionally, you must follow specific procedural steps if you hope to achieve a favorable outcome in your case.

Some of the necessary steps for contesting a will in Texas include the following:

Your first step should be to consult an experienced probate litigation attorney for legal advice. Our attorneys have an in-depth knowledge of Texas probate laws, making us uniquely qualified legal professionals capable of representing your best interests.
If you believe that a will or other estate planning document was drafted incorrectly or was the result of a lack of mental capacity or some other reasonable ground, your next step should be to gather evidence and supporting documentation to bolster your claims.
Next, file a formal request for a hearing in probate court. The will contest hearing allows you to present your evidence and enables other parties to present their opposing views.
Before engaging in litigation, consider alternative dispute resolution methods, such as mediation. In the mediation process, it may be possible to reach common ground with the other parties involved in your dispute.
If necessary, a probate attorney can assist you in preparing for a courtroom trial before a judge who will render a final decision in your case.

What Are Common Causes of Probate Disputes Between Family Members and Other Beneficiaries?

There are several reasons why wills may be contested and a loved one’s wishes may come into question after their death.

Examples can include the following:

Lack of Testamentary Capacity

To create a valid will or other estate planning tool in Texas, an individual must have a sound mind and mental capacity to understand the language of the documents they are creating. If it can be proven that the testator lacked mental capacity and could not fully comprehend what they were doing, the will may be contested.

Fraud Allegations

In situations where you believe that the decedent drafted their will based on false information or if you suspect that the document was a complete forgery, probate courts can declare the legal document invalid. Contact our law firm for legal assistance in these matters.

Accusations of Undue Influence

Claims of undue influence suggest that the deceased was pressured or manipulated by another person or entity into drafting the will against their better interests. If the will was drafted under undue influence for the purpose of benefiting specific individuals, it may be rendered void should you be able to present sufficient evidence.

Creditor Disputes

One of the essential steps of the probate process is handling creditor claims. Sometimes, creditor claims can be incredibly complex, and there may be a reason to question their validity.

Lack of Legal Compliance with State Laws

If the will or other estate plan document was not drafted in accordance with Texas probate laws, it may be rendered void and unenforceable. To prove that the will was not valid, it’s often necessary to retain the services of a probate attorney.

Interference with Inheritance Rights

In Texas, you can disinherit a family member or leave them out of your will entirely. However, if you believe that another individual blocked your inheritance and that the testator drafted the will against their better interests, our firm will work to prove these claims and help you attain the inheritance you deserve.

Fiduciary or Trustee Misconduct Claims

Estate executors and trustees have specific duties and responsibilities during probate administration. If they fail in their fiduciary duties, they can be held liable. Our law firm will work to establish liability and hold bad faith actors accountable for their actions.

Contact Our North Texas Law Firm to Schedule Your Free Consultation with Our Experienced Contested Probate Lawyers Today

Only specific individuals have the right to begin probate litigation or file a will contest in Texas. To ensure that you have the authority to contest a will during probate proceedings, we encourage you to contact our law firm for legal assistance. Our experienced probate contest attorneys would be proud to represent your interests in these and other legal issues. It’s also critical to remember that you have a strict time window to file a will contest in Texas. Generally, you have up to two years to contest a will, and failure to meet that deadline may bar you from taking legal action. To ensure that you meet the deadline, we encourage new clients to contact our law firm without delay.

Schedule your free case consultation with our experienced legal team by calling us at 214-238-9188.