Houston Probate Litigation Attorney

Probate litigation deals with disputes that arise as a deceased person’s estate is being reviewed and executed. In many instances, probate litigation is necessary to resolve any challenge to the validity of a will or trust. These disputes can be complicated to manage, especially when multiple family members or beneficiaries are voicing their opinions. A skilled Houston probate litigation lawyer can protect your interests and the intent of the deceased during a will contest.

At Ford + Bergner LLP, our team of Houston contested probate attorneys is well-versed in the details of probate law. We can provide the type of comprehensive support you need to get results. Our firm understands how emotionally and financially taxing these cases can be, which is why we work hard to protect your interests at all times.  

If you are currently facing a probate dispute in Houston, contact us today at 713-597-5351 to schedule a consultation and learn more about how we can help.

How Do I Know If I Need Probate Litigation?

When a dispute arises during the probate process, the potential need for litigation increases. While these contests can sometimes be resolved through negotiation or mediation, high-conflict cases will need to advance to court. A Houston probate litigation lawyer can help you navigate these complex situations effectively. Understanding the most common reasons why these happen can help you determine if your own case might require litigation. Some of the most common reasons include:

• Contesting the validity of a will
• Executor misconduct
• Disputes over asset distribution
• Trust disputes 

Contesting the Validity of a Will

One of the more frequent examples of probate litigation occurs when someone tries to question the validity of a will. This happens when either a family member or beneficiary is concerned about one or more of the following:

• The terms of the will are not valid.
• The document was created under duress.
• Someone may have unduly influenced the will’s creator (testator).
• The testator was not mentally competent when they made their will.

To see if these accusations are true, the court will need to conduct an investigation to reach a verdict. 

Executor Misconduct

An executor is designated by the creator of a will. This trusted individual is charged with managing their estate after they pass away. However, an executor is sometimes accused of neglecting their responsibility or leveraging it unlawfully to their own benefit. For example, they may be accused of mismanaging funds, refusing to follow the terms as they are written, or engaging in other fraudulent activities that compromise the integrity of the estate plan. 

Disputes Over Asset Distribution

It’s not uncommon for disagreements to arise over how the assets are distributed. Certain beneficiaries may feel unfairly left out of the will, or specific assets were not divided properly due to an incorrect interpretation of a will or trust. When terms and conditions are vague in a will, disputes are more likely to arise and escalate to court for further interpretation. 

Trust Disputes

With trusts specifically, disputes can arise when someone questions how a trust is either being managed or if its terms are being followed as written. A trustee is directed to act in the interest of the individual who created the trust. If anyone suspects this individual of behaving unlawfully, either intentionally or out of ignorance, litigation might be necessary to clarify the trustee’s responsibilities and honor the trust’s terms. 

What to Do If You Suspect a Probate Issue in Houston, TX

If you believe there may be legal errors or misconduct happening during the probate process, it’s important to act right away to help protect everyone’s rights and uphold the integrity of the estate. In these situations, you should consider doing the following: 

Thoroughly Document Your Concerns

The first step to successfully address any probate issues in your case is to carefully document the details of your concerns. This could include jotting down a record of all related communications happening in the process, like certain emails or text messages that might support your allegation.

Outside of communications, write down any red flags that are making you suspicious. For example, the executor might be acting particularly evasive or engaging in activities without explaining their rationale to all the estate’s stakeholders. These notes should not only include what you witnessed but also the date and time when it happened. 

Identify Common Signs of Probate Issues

To know if legal intervention is necessary, you must be able to spot the most common signs of the probate process being improperly handled. Unusual delays are one of the most frequent signs to look for. While probate can be lengthy if the executor is either spending excessive amounts of time distributing assets or settling debts, they might be mismanaging or neglecting their duties.

Questionable financial transactions could also signal something unlawful. Be on the lookout for any unusual or unauthorized transactions related to the estate’s assets. For example, if something seems to be sold under market value or someone is paying their personal expenses with funds from the estate, this needs to be looked into. If someone makes a sudden change to a will, it could signal undue influence or fraudulent activity. 

Take Immediate Action

Once you have identified all your concerns and written them down, you’ll want to act quickly, you can to stop any unlawful behavior from continuing. If you wait too long to speak up and address these issues, it can weaken or potentially prevent you from legally contesting the situation.

Before proceeding any further, you should first raise your concerns to the executor. You’ll want to see if your observations are a simple misunderstanding or if their response makes you more suspicious.

If they are not giving you a straightforward answer, try to ask more specific questions. Ask for a clearer explanation as to why something was delayed or what could explain a specific discrepancy in the will. If other beneficiaries share your concern, consider approaching the executor as a group. Having multiple voices can carry more weight, as it is harder for the executor to ignore or dismiss the concerns of several parties.

Seek Professional Legal Advice

If approaching the individual alone or as a group is unsuccessful, it’s time to bring in a legal professional who is board-certified in trust and estate litigation, which includes probate law. Probate law can be complicated, and consulting someone who specializes in this legal area can help fill in any knowledge gaps you have or spot any suspicious activity you overlooked. They can also explain what rights you have as a beneficiary and help you determine the most advantageous steps to take next.

A knowledgeable and skilled contested probate attorney in Houston can also review the details of your case and assess its strength. After looking at all available evidence, analyzing the executor’s actions, and comparing the information to legal precedent, they can provide their opinion on whether a claim should be filed or not. If so, they can represent you throughout the litigation process to help you reach the outcome you are looking for.

How to Protect Your Rights During Probate Litigation

If you have found yourself in the middle of probate litigation, protecting your rights in the process should be your top priority. The ideal way to keep your rights from being violated is to hire a Houston probate litigation lawyer, as they can supervise the entire process from start to finish. Your probate litigation lawyer can take measures to protect your rights.

Present Evidence

You and your contested probate attorney in Houston must spend time gathering evidence and presenting it to the court, as this can substantiate all your claims. Such evidence can include:

• Bringing in key witnesses who observed what happened
• Presenting various financial records showing how someone broke their fiduciary duty when handling the estate

Challenge the Executor

If you are pursuing a probate litigation case because the executor is not fulfilling their responsibilities as they should be, you and your attorney must work together to remove them from this role. Once this happens, you can also work together to appoint someone new to that position. This person must be someone who can properly manage the estate moving forward, thus enabling you to avoid going through probate litigation again.

Negotiate Settlements

Sometimes, probate disputes can be resolved through negotiation rather than a lengthy court battle. To make this happen, your Houston contested probate attorney can leverage their negotiation tactics and communication skills to mediate discussions between beneficiaries and the executor. By having them facilitate these dialogues and pitching creative solutions, a Houston contested probate attorney can help you reach a fair settlement without needing further litigation.

File Court Petitions and Motions

If litigation is inevitable, your attorney can file the necessary legal petitions and motions to address your disputes. This could be to contest a will, remove an executor, or challenge how specific assets are being distributed to beneficiaries.

A contested probate attorney in Houston can handle these legal filings, making sure everything is submitted on time and filled out correctly. This can avoid unnecessary case delays or prevent mistakes that could jeopardize your case. 

Legal Advice

Because probate law can be complex, your Houston probate litigation lawyer can break down complicated processes and legal terminology to help you comprehend what is going on. That way, you can make more informed decisions and feel comfortable agreeing with how your attorney wants your case to proceed. Whether you are unsure about contesting a will or need advice on how to proceed with a claim, an attorney can offer strategic counsel and guidance.

What Is the Difference Between Probate Litigation and Regular Probate?

Traditional probate is the process of administering a deceased person’s estate based on the terms they left in their will or trust. During this process, debts will be paid first. Then, the remaining assets will be distributed to any designated beneficiaries. If none of the estate plan’s terms are contested and everyone is satisfied with how it was executed, this will be how the regular probate process works.

Conversely, probate litigation happens when there is a dispute during probate. Disagreements between beneficiaries often result in these cases, especially if certain parts of the will may be invalid or there are concerns with how the executor is handling their responsibilities. Formal litigation may be required to give everyone a chance to make their case and have a judge make a final verdict.

Is It Possible to Avoid Probate Litigation?

There are several ways to avoid having to go through probate litigation. Proper estate planning and maintaining transparent, clear communication among all stakeholders are two of the top activities that can prevent these cases from arising at all. When someone is creating a will or trust, holding family discussions about how these assets will be distributed can also clarify their intentions for all involved.

Additionally, using different estate planning tools, like a living trust, can help keep certain assets out of the probate process. A living trust allows assets to be transferred directly to the designated beneficiaries rather than being assessed in probate court. This direct transfer removes the chance for anyone to challenge how the assets are being distributed, as they are not subjected to as much legal scrutiny as they are in probate.

What Happens If a Will Is Found Invalid During Probate Litigation?

An estate will typically be handled based on the rules of intestacy if a will is verified to be invalid. Texas law will then determine how the assets are distributed rather than the original terms and conditions. In many cases, intestacy laws will prioritize distributing estate assets to the closest family members who are still alive. This same process will also happen if someone passes away and never creates a will or trust.

Reliable Probate Litigation Representation in Houston

While navigating probate disputes can be one of the most challenging legal cases you may face, you never have to do so alone. At Ford + Bergner LLP, we are here to help resolve any estate disputes, whether the solution can be achieved through negotiation or probate litigation. 

Contact us today at 713-597-5351 to take the first step toward resolving your probate issues.

Additional Resources

What Are Common Grounds for Probate Litigation in Houston?

Having an Executor Removed Isn’t Always a Simple Undertaking

What Does Texas Law Say About Executor Compensation?

Pursuing Probate Litigation Against the Estate Administrator

Heir Woes: Can Creditor Claims Exhaust All Probate Estate Assets?

Time Is Of The Essence With Probate Disputes

What is Undue Influence, and How Can You Prove It?

3 Steps to Take Before Selling Real Estate in Probate Proceedings