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Probate Litigation

Houston Probate Litigation

Probate litigation can be complex and emotionally charged, and our team of experienced attorneys is here to help you navigate the process. This category is dedicated to providing you with valuable information on probate disputes, will contests, breach of fiduciary duty, and other common issues that can arise during the probate process. We’re here to help protect your rights and ensure that your interests are represented throughout the litigation process.

Our Houston Probate Attorneys provide a full range of probate services to our clients. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.

11joint account probate dispute

Joint Account Alone Does not Disqualify Executor in Texas Probate

If an executor is appointed to administer a probate estate in Texas, can they be disqualified from serving if they had a joint checking account with the decedent during the decedent’s lifetime? This is a common fact pattern. It is common to set up joint bank accounts as part of an estate plan, so that...
11does filing a motion count as a will contest in texas?

Does Filing a Motion Count as a Will Contest in Texas?

Probate litigation often involves various motions filed by the parties. These include motions related to discovery requests, such as motions to compel and motions for protective orders. There are also motions to turn over property of the estate or to compel accountings by the executor.  One of the key challenges in probate cases is determining...
11common law marriage

Common Law Marriage & the Race to the Courthouse When the First Spouse Dies

The statistics show that fewer and fewer people are getting married.  It is much more common for those who are in a relationship to simply forego the legal or formal process to get married.  This can have a number of unforeseen consequences. Take the case of a couple who held themselves out as being married...
11real estate deed probate dispute

Probate Disputes Can Result from Ambiguous Language in Deeds

Lifetime gifts of real estate generally pass outside of the probate process, as they pass prior to probate. However, these transfers are often not discovered until the death of the property owner. This is why these disputes are often part of the probate process. Probate disputes often involve disputes over property that was purportedly or...
11attorneys fees in texas probates

Will Contests and Attorney’s Fees in Texas: Who Pays When?

In Texas, the outcome of a will contest case does not always determine who will receive an award of attorney’s fees. In fact, even the winning party may not be fully reimbursed for their legal expenses. This is because the law governing attorney’s fees in will contest cases is nuanced and can vary depending on...
11residuary clauses in texas wills

Beyond Words: Unintended Consequences of Ambiguous Residuary Clauses

There is an art to estate planning. The art comes from seeing how estates are administered and what types of probate disputes arise. While nearly any attorney can draft a will, it’s the probate attorney that sees the big picture. These lessons are learned from legal battles, many of which carry on for years–if not...
11difficult executor texas probate.jpg

Can Family Feuds Stop You From Being an Executor?

The executor or personal representative has a lot of say in a Texas probate case. Absent limitations in the will, the independent executor has a lot of power. They can do everything from deciding what property is sold and kept, what property is distributed and when, and what the value of the property is that...
11notice of probate hearing

Probate Court Reversed for Insufficient Notice of Hearing

Probate cases are handled by a number of different courts in Texas. This can include statutory probate courts, county courts, and even district courts. Regardless of the type of court, one thing holds constant: the court is busy. Most courts in Texas have high caseloads. This is true of statutory probate courts in the largest...
11life insurance beneficiary desigantion interpleader

How to Challenge the Validity of Life Insurance Beneficiary Designations

What happens when there is a dispute between parties regarding the validity of a life insurance beneficiary designation? This scenario raises complex legal questions surrounding conflicting claims and the rightful entitlement to life insurance proceeds. The solution lies within the realm of “interpleader” lawsuits. These legal actions offer a remedy when parties notify the life...
11when a will is invalid

What Happens if a Will is Declared Invalid?

When a person passes away, their will typically outlines the distribution of their estate. However, there may be instances where a will is declared invalid due to a variety of reasons such as lack of testamentary capacity, undue influence, or improper execution. When this occurs, the distribution of the decedent’s estate becomes a complex process....
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