TAKE PROMPT ACTION TO PROTECT YOUR INHERITANCE

We handle will contests and other contested estate cases throughout Texas. Call us at either (800) 323-1857, (214) 382-2067, or (903) 892-9133 or email an attorney  for a free consultation.

Probate litigation involves probate, trust and estate disputes. An experienced and aggressive litigation attorney is often needed to protect and vindicate legal rights. Attorney J. Michael Young is the author of Texas Probate Litigation, a blog devoted to probate and business litigation topics and updates in Texas.

At Sanders, O'Hanlon and Motley we  often work with estate planning and probate attorneys on contested matters.   There are a variety of reasons why an individual or a family may choose to contest a will in Texas:

• If the deceased was suspected of being mentally incompetent at the time the will was written
• If it is suspected that the deceased was unduly influenced (or threatened) by someone who would directly or indirectly benefit from the will or trust (or a change to the will or trust)
• If two or more contradictory wills exist and investigation yields inconclusive results as to which was the final legal will
• If the will is suspected to be a forgery
• If the will or trust was improperly written, was unclear, incomplete, or contradictory and therefore was not enforceable

 We help clients when disputes come up regarding the administration of trusts and estates, such as trust validity, no-contest clauses, breach of trustee fiduciary duties, will and trust contests, statutory disqualification, characterization of property, apportionment of estate taxes, and many other issues.

• Will Contests
• Trust Disputes
• Guardianships
• Breaches of Fiduciary Responsibility
• Allegations of Misconduct by Fiduciaries or Trustees
• Life Insurance Disputes
• Creditor Claims
• Asset Owner ship Disputes
• Accounting for Trust Assets
• Undue Influence Claims
• Testamentary Capacity Disputes

The most common dispute is a will contest. When one or more provisions of the will are called into question, the disagreement may lead to litigation. Probate litigation can also arise in cases of fiduciary negligence by a personal representative, guardian, or trustee. When a person in one of these positions takes actions for their own interests instead of the person they are representing, they have committed a breach of fiduciary duty. We represent clients in cases asserting fiduciary negligence.

Fiduciary litigation or fiduciary removal proceedings involve disputes over the management (or mismanagement) of an estate or trust, theft or embezzlement from an estate or trust, or the need to change or remove a trustee. Examples of claims of breach of fiduciary duty include:

• Care givers or adult children who have financially benefited by misusing a financial power of attorney granted by of an elder relative
• Trustees profiting personally from the management of a trust by accepting excessive compensation
• Trustees embezzling from a trust for personal gain
• Conflicts of interest between a trustee or administrator and beneficiaries

Aggressive Representation

A probate or trust controversy can often pit family members against each other. To contest a will or  a trust can require emotional resilience and patience, as well as determination. Our lawyers recognize the sensitive nature of such familial disputes and are committed to protecting our clients’ rights and interests.  We approach each matter with a sensitivity and understanding of the family context in which these disputes arise, while never losing sight of our clients' goals and legal rights. Our North Texas probate litigation attorneys are experienced in the areas of probate litigation and elder financial abuse to achieve positive results for clients through assertive and aggressive litigation. 

Contesting a Will in Texas

Contact Michael Young at (903) 892-9133 to discuss your probate or trust issue.

_{Resolving probate and estate disputes for clients throughout North Texas, including the Dallas Fort Worth metroplex, Plano, Sherman, Denison and other communities in Collin, Cooke, Dallas, Denton, Fannin, Grayson, Hunt, and Tarrant counties. Call (903) 892-9133 for probating an estate in Grayson, Collin, or Fannin Counties. Our firn also handles contested estate matters in Houston and other areas of South Texas, through our contacts in those areas.}