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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.

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11
05
Aug

Evidentiary Standard in Texas Probate Cases: Preponderance of Evidence

August 5, 2022,
Most litigation matters are decided based on evidentiary standards. The winner is the one that presents enough evidence based on the evidentiary standard that applies. This might seem to provide clear-cut rules, but it doesn’t. The standards are not clear and when one standard is to be applied over another is also not clear. The...
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11chair-at-desk-with-open-book
08
Jul

What Should You Do If a Will is Invalid?

July 8, 2022,
If you doubt the validity of a will, there are a few things you can do. You can file a petition with the court to have the will probated, or you can file an objection to the probate. If you have grounds to believe that the will is invalid, the court will investigate your claims...
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10
Jun

Objections to the Appointment of a Will’s Executor

June 10, 2022,
Just because someone is named in a will or even appointed to be an executor of an estate does not mean that they will act according to the will or the law. People are people, and there are good and bad people. This begs the question as to what one can do if they are...
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11Houston Probate Courthouse
29
Apr

Immediate Appeal for Removal of Trustee and Request for Probate Accounting

April 29, 2022,
Interlocutory appeals serve as a vital component of the legal system, providing a mechanism for parties to seek immediate review of important legal issues during an ongoing case. Unlike regular appeals that occur after a final judgment, interlocutory appeals address specific rulings or issues that could significantly impact the outcome of the case or have...
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11probate court registry
09
Apr

Control Over Funds Deposited With Probate Court

April 9, 2022,
The probate courts will often hold funds in their registry. The probate court has authority and control over these funds. Once the funds are in the registry and an independent administrator is appointed to administer the probate estate, who has control over these funds? The concept of the independent administrator is that they are tasked...
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11probate discovery rule
30
Aug

The “Discovery Rule” in Probate Disputes

August 30, 2020,
There are some strict deadlines for contesting a will in Texas. The will contest generally has to be filed within two years of the time the will is admitted to probate. What happens if one of the parties hides the existence of the will and secretly probates the will? What if they make statements to...
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11broken promise to heir
25
Aug

Broken Promise to Leave Property to Heir

August 25, 2020,
What happens if someone makes a promise to leave property to another person in their will, but then they update their estate plan and their promise is not fulfilled? What if the promise was not reduced to writing? Can the person recover property from the probate estate based on a verbal promise? These questions are...
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11damages in probate case
02
Apr

The Measure of Damages in Probate Litigation

April 2, 2020,
An executor has a fiduciary duty as to the beneficiaries of a probate estate. If they breach this duty, the beneficiaries still have to establish the amount of any damages. If the damage is the loss of property, the measure of damages is the fair market value of the property that was lost. This raises...
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11houston probate attorneys
11
Mar

Time Limits for Texas Probate Disputes

March 11, 2020,
There are a number of deadlines that apply in probate disputes. These deadlines are strict given the policy for having finality with probate matters. The recent Watson v. Schrader, No. 11-18-00064-CV (Tex. App. [11th Dist.]–2020) case provides an example. Facts & Procedural History The dispute involved wills executed in 1995 and a family trust created...
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11houston probate lawyer
16
Feb

The Term “Personal Property” in a Will Includes Bank Accounts

February 16, 2020,
When a loved one dies, the surviving family members often find that the decedent’s will included terms that they do not agree with. This may be due to family dynamics, a sense of entitlement, or simply a differing view of who should inherit. These situations often lead to probate disputes. The In re Estate of...
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