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Estate Litigation Lawyer Serving Garland

Estate Litigation Lawyer Serving Garland

If you’re unhappy with the way someone handles your family member’s estate administration or face a dispute with an executor, heir, or another party, do not hesitate to contact Staubus and Randall. We could represent you in your case to address your concerns and resolve problems with your loved one’s estate.

garland texas

When you lose someone you love, you can face a range of emotions and legal challenges. You’re trying to grieve and cope with the loss while handling legal and financial matters. It can be overwhelming if you find yourself dealing with a disagreement within the family when you’re responsible for making funeral arrangements and settling the estate.

Unfortunately, someone’s death can lead to arguments between family members. Distributing the assets in an estate often causes contention if a relative believes they deserve specific property over another person or was left out of the will altogether. Additionally, someone might have a problem with the executor if they don’t fulfill their duties.

No matter what the issue is, you can depend on Staubus and Randall to handle it. We will provide you with the legal representation and guidance necessary to navigate the complex litigation process. With more than 100 years of combined legal experience, our estate litigation lawyers in Garland, TX, can resolve the legal matter so you can carry out your loved one’s wishes.

To schedule a consultation to learn more about what Staubus and Randall can do for you, call us today at 214-691-3411.

Table Of Contents

    Why Choose Staubus and Randall?

    Estate litigation cases can be complicated to manage alone. Without the help of an experienced attorney, you face confusing laws and procedures. If you don’t know how to administer your family member’s estate correctly, you could end up without the assets you’re entitled to.

    Many people face an uphill battle after the death of a loved one. If someone mismanages the estate, you’re forced to take legal action against them. At Staubus and Randall, we know how to protect our clients’ rights and fight for them in court. We will be your advocate and try to reach your desired outcome.

    The Garland estate litigation lawyers of Staubus and Randall understand the implications of careless estate administration. A seemingly straightforward process can become an ugly courtroom battle if anyone with an interest in the estate has a case they want to pursue. Matters involving property distribution, breach of fiduciary duty, and will contests can divide a family and result in long-term conflicts.

    Estate Litigation Cases Staubus and Randall Takes

    Staubus and Randall represents clients in a range of cases involving estate litigation, including:

    Disputes by Beneficiaries and Heirs

    A person’s death can be a shock, especially if it’s unexpected and sudden. Although you might need to grieve, you also need to ensure that you receive the property your loved one left to you in their will. Unfortunately, there are times when someone forgets to update their estate plan and earmark certain assets for their intended heirs.

    If you think there was a mistake during the execution or administration of an estate, you can pursue legal action. You must prove you had a relationship with the deceased through a kinship dispute. It can be a challenge to show evidence of your relationship but Staubus and Randall can help you prove your rights to the assets.

    Creditor Claims

    A creditor could come after your family member’s estate if they owed debts at the time of their death. If the creditor chooses to pursue a claim, you could experience significant delays in the distribution of assets.

    At Staubus and Randall, our estate litigation lawyers in Garland, TX, know how to handle these types of claims. We can fight against the legal action and protect your rights as an administrator, beneficiary, or executor of the estate.

    Breach of Fiduciary Duty

    The trustee, administrator, or executor of an estate is responsible for fulfilling their fiduciary duty while administering someone else’s estate. They must make decisions based on the deceased’s wishes and distribute assets to named beneficiaries correctly and timely.

    A breach of fiduciary duty occurs during estate administration when a person places their interests over the interests of the deceased and the named beneficiaries. Common examples of breach of fiduciary duty include:

    • Transferring an asset to themselves instead of the appropriate beneficiary or heir
    • Ignoring strict deadlines required for time-sensitive matters while administering the estate
    • Commingling estate funds with personal funds

    Challenging a Will

    An interested person, such as a devisee, heir, or someone with property rights in an estate, can contest the validity of a will. You must use one of the grounds below as the basis for your claim:

    Staubus and Randall can also represent you in cases that deal with:

    Frequently Asked Questions

    Estate litigation requires following the correct procedures to pursue legal action and resolve disputes you and your family face. At Staubus and Randall, we want to simplify the process. We have answered questions clients commonly ask so you can navigate the legal road ahead.

    How long do I have to contest a will?

    If you meet the requirements to contest the validity of a will, you must file a lawsuit by a strict deadline. You have two years from the date a will enters probate to initiate your case in probate court. The probate process involves a judge reviewing the will to determine its validity. Filing your lawsuit before the judge validates the will could benefit your case.

    How does mediation work?

    You could try to resolve a dispute during mediation. It’s an excellent alternative to litigating your case in court. Sometimes, a judge might require opposing parties to try to settle their issues during mediation before pursuing a lawsuit.

    Mediation occurs outside a courtroom. A trained mediator facilitates conversations between the parties to reach an agreement. Mediators can’t make decisions for the opposing parties. They are there to analyze the problem, communicate information relevant to the case, and recommend possible solutions.

    Can I seek compensation for attorney’s fees?

    Texas Estate Code 352.051 allows the personal representative of an estate to recover reasonable attorney’s fees incurred during the management and proceedings of the estate and reasonable and necessary expenses related to:

    • Collecting or attempting to collect debts or claims;
    • Safekeeping, managing, and preserving the estate; and
    • Recovering or trying to recover property the estate has a claim or title to.

    Contact Us

    If you face any disputes involving the administration of a family member’s estate or want to discuss another estate matter, contact Staubus and Randall right now. One of our Garland estate litigation lawyers can explore the available legal options during a consultation with you.

    Call 214-691-3411 today and let us handle your case so you can settle your loved one’s estate and move forward with your life.

    The Firm

    The attorneys at Staubus and Randall have over 100 years of combined experience in estate planning, probate, and litigation. We have the knowledge and skills to tackle complex legal issues, such as guardianships, will contests, fiduciary litigation, and trust litigation. We can also handle routine matters, such as estate administration, probating wills, heirship determinations, and other probate court matters.

    Staubus and Randall received a preeminent AV rating from Martindale-Hubbell, which is the highest rating possible from a peer-rated legal service. This rating recognizes our hard work, dedication, and the case results we’re able to achieve.

    Staubus & Randall Team

    What Our Clients Say

    "I recently had the occasion to hire Mr. Staubus for a hotly contested Guardianship matter. Mr. Staubus brought a rare combination of effectiveness, reasonableness and understanding of the human element involved. Mr. Staubus handled all things in a calm, highly competent, effective and reasonable way. It could not have been as easy as he made it seem. He's a credit to the Bar."


    "Before retaining the guidance of the Staubus & Randall firm, I was at my wit's end trying to close an uncle's estate as a co-executor. In addition to dealing with difficult heirs, I had other pressing business issues coming up immediately on estate land in the middle of the Eagleford Shale including dealings with pipeline, seismic, oil & gas, and construction companies. The local bank also refused to give me access to information relating to the estate. This quickly became the most stressful and desperate time in my life...and then I found Joseph Legere who truly became my guardian angel. He was able to get all issues resolved efficiently and the estate fully closed. His professionalism, immense legal knowledge on a wide variety of topics, and amazing communication skills took the burdens off of me and quickly got closure. I am forever indebted to this firm for giving me my life back."


    "Without exception, the legal service, professional attitude, prompt communication of your firm and your legal knowledge is second to none. I only wish I had an attorney here in Boston that could hold a candle to your experience and expertise. Working with you has been a pleasure, but even more, has made me believe that there are knowledgeable attorneys that do care about doing a good job. Thank you Keith! You may not truly understand how much of an impact you are having on peoples lives, but for me, you have helped change my life. As I begin making my dreams come true I can't help but remember none of this would be possible without you."


    "Keith Staubus and Julie Blankenship and their team represented me in a jury trial in the probate court where the ownership of the business which I had worked hard to build was at stake. They successfully fought to preserve my business and my professional reputation, working masterfully to gain the support of the jury. I would not hesitate to hire them again in any bet-the-company litigation.”


    "I have required legal representation twice in my life in two separate will contests. Both times I sought assistance from Keith Staubus and Staubus/Randall. Their service, approach, and determination to obtain results exceeded the other attorneys in each case. Mr. Staubus has always come across as genuine while being direct. He gets the process done in a timely manner with results. I will certainly use him again when and if any new challenges arise.”

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