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111 S. Travis Street
Sherman, Texas 75090
Phone: (903) 892-9133
www.somlaw.net
Probate and Fiduciary Litigation


TAKE PROMPT ACTION TO PROTECT YOUR INHERITANCE OR TRUST INTEREST

We handle will contests, trust disputes 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.


 "J. Michael Young represented me in a will contest over my grandfather's estate. Michael subpoenaed important medical and police records to show my grandfather was not of sound mind. He kept me informed of what was happening in the case, responded to my calls and emails and obtained a good settlement. The bottom line is he was aggressive in fighting for my rights as an heir. I would certainly recommend Michael Young as a lawyer for a will contest in Texas."

- Dana, Tarrant County


 "I hired J. Michael Young back in 2009 to assist me in contesting my mother's will. He took my case when no one else would and handled my case aggressively, expertly, and compassionately. I would highly recommend him to anyone in his area for their probate litigation needs."

- Stephanie, Atlanta Georgia


"Michael Young represented my interests in contesting a will in Collin County, Texas. In an extremely difficult and emotional situation, Michael provided clear and rational guidance by drawing upon a wealth of experience. He resolutely pursued my case, while communicating with me each and every step of the way. Through his aggressive pursuit of my interests, I obtained an excellent result. I would highly and unreservedly recommend Michael to anyone."

- Julie, California 


"Michael Young represented me in an estate dispute in Denton County. The case involved undue influence of a will and several payable on death accounts. He was very aggressive and the other side agreed to settle soon after he filed the case. Michael's kindness, knowledge, and understanding of my situation left me feeling valued and very happy regarding the outcome of my case. I will forever be grateful to him as he was there for me when it felt like I had no one."

- Carrie W., Collin County


 

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, including how to contest a will in Texas.

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

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, including how to contest or defend a will in Texas.

 

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.