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.
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.
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:
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.
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.
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
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:
- Conservatorship disputes
- Executor misconduct
- Estate accounting
- Formal accounting
- Will distribution claims
- Guardianship disputes
- Personal representative appointment
- Executor fee claims
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.
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.