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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.

11fraud with durable power of attorney
06
May

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
24
Apr

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
24
Feb

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
10
Feb

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
03
Feb

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
09
Dec

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
28
Oct

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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11Court house
14
Oct

Sidebar Arguments in Probate Litigation are Grounds for a New Trial

Probate litigation cases in Texas can often be heated, emotional, and contentious affairs. In the heat of the moment, inappropriate comments can be made that unduly sway the jury, leading to unjust outcomes. In this context, it’s important to understand that inferences may be drawn based on evidence, but an inference itself is not evidence....
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11
23
Sep

How to Use the Bill of Review in Probate Disputes

The probate court gets it wrong sometimes. When it does, and it issues a final order, the parties usually have the right to appeal the order. There are times when one or more parties do not have notice of the probate court order and miss the deadline to file the appeal. This is where the...
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11
12
Aug

Do All Will Beneficiaries Need to Participate in a Will Contest?

Generally, all interested parties have to be included in the litigation. This is a fundamental rule in our system of justice. There are times when this is not required, however. There are instances where the rules say that interested parties do not have to be joined. This is often to avoid unnecessary delays or to...
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