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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. Houston Probate Litigation Articles 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.

11notice of probate hearing
02
Jun

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...
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11life insurance beneficiary desigantion interpleader
02
Jun

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...
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11when a will is invalid
02
Jun

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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11fraud with durable power of attorney
02
Jun

Dealing With a Fraudulent Durable Power of Attorney

A durable power of attorney is a standard estate planning document. It is a powerful legal document that grants an agent broad authority to act on behalf of the principal. Unfortunately, this type of document is often prone to fraud and abuse. The Gardner v. Majors, No. 10-21-00306-CV (Tex. Ct. App.–Waco 2023) case provides an...
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11
02
Jun

Disputes Between Heirs Over Assets

Losing a loved one is an emotionally challenging experience. The process of settling their estate is complicated. This can put the survivors under quite a bit of stress. The stress often results in people acting and taking actions that they would not normally take. This can include everything from cutting corners, skirting even the most...
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11attorney-explaining-case
02
Jun

Understanding Restricted Appeals in Texas Probate Cases

Our legal system has numerous deadlines. The notice of appeal is an example. If the probate court enters a final order, the parties usually only have 30 days to file a notice of appeal. There are exceptions, such as the restricted appeal. If the requirements are met, the restricted appeal can be filed within six...
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11will contest attorney
02
Jun

Will Contests in Texas Probate Courts

A will contest in a Texas probate court refers to a legal process that entails challenging the authenticity of a deceased person’s last will and testament. Such proceedings are known to be intricate and are often the result of familial disagreements over the allocation of the deceased’s belongings. Who Can Contest a Will? In Texas,...
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11montgomery county probate court
02
Jun

A Dedicated Probate Court in Montgomery County

As the population of Montgomery County continues to grow, so does the need for efficient and effective courts to manage the increasing number of cases. To address this, State Representative Will Metcalf has filed House Bill 1436, aimed at converting Montgomery County at Law No. 2 into a dedicated probate court. What is a Probate...
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11
02
Jun

What If There Is Contradictory Language in a Will?

When it comes to drafting a will in Texas, the language used is critical to ensure that the testator’s intentions are accurately reflected. Despite the careful consideration that goes into creating a will, it’s not uncommon for contradictions or ambiguities to arise within the document. To better understand this situation let’s look at the case...
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11golden gavel
02
Jun

Are You an “Interested Party” After Receiving Benefits from a Will?

The distribution of assets after someone passes away can be a complex and contentious process. This is particularly true when it comes to interpreting a will. One issue that can arise is whether someone who has already received benefits from a will is still considered an “interested party” in the estate. If they are not...
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