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Estate Litigation Lawyer Serving Rockwall

Estate Litigation Lawyer Serving Rockwall

It is sad and stressful when a loved one passes away. But what happens when you and your family dispute what is happening with the decedent’s estate? Do you think the estate executor needs to be more honest and truthful with you about your loved one’s wishes? Do you your loved one was coerced into leaving their assets to a particular person in their will?

If you experience any problems with an estate or have questions, contact a Rockwall estate litigation lawyer from Staubus and Randall for help. We can advise you about your legal options and help you decide the approach to take when dealing with this situation. Call us today at 214-691-3411 or contact us online for a free consultation to learn more.

Table Of Contents

    Overview of Probate Litigation

    When there is a dispute with the asset distribution of a deceased individual’s estate, probate litigation may follow. Probate litigation occurs when someone files a lawsuit to contest a will or to question an executor’s or administrator’s distribution of money or property.

    Some reasons why probate lawsuits get filed are:

    • Someone believes that the will is invalid.
    • A dispute exists about the proper heirs to the deceased’s estate.
    • Someone believes that the estate executor is not performing their duties according to the deceased’s wishes.
    • A dispute exists over some of the language in the will.
    • A claim of common law marriage arises.
    • A creditor has filed a lawsuit against the estate.
    • There is a dispute with another member of the deceased’s family.

    Why Should You Hire a Rockwell Estate Litigation Lawyer?

    Many people think they will be able to handle problems that come up in settling their loved one’s estate. However, Texas estate laws are complex and confusing. You may not get the desired outcome if you try to handle the issue yourself. An experienced and knowledgeable Rockwell estate litigation lawyer could guide you through the dispute process. Here are other reasons to hire a lawyer for your estate needs.

    • Estate disputes are stressful and can lead to a falling out between family members. A lawyer can ease that stress by working with lawyers on the other side to come to a fair conclusion.
    • Your lawyer will file any documents with the court correctly and on time. If a document is not filed correctly, it could lead to a dismissal.
    • Your lawyer knows the law. You might think of only some scenarios when disputing an estate. A knowledgeable and experienced Rockwell estate litigation lawyer who thinks outside the box could help you succeed.

    What Type of Estate Work Do They Do?

    Successful Rockwell estate litigation lawyers take on many matters in their expertise. A well-rounded firm would have experience in these areas of practice:

    • Creditor claims – Creditors come calling if a decedent has unpaid debts at the time of their passing. They want to get paid by the estate. Disputing these claims can be difficult, so you should speak to a lawyer about them.
    • Invalid will disputes – If you have a question about the validity of the decedent’s will, you can challenge it. Some grounds on which you can challenge a will are revocation, mistake, fraud, undue influence, and lack of testamentary capacity.
    • Disputes of beneficiary or heir – You might feel slighted if a close relative passes away and doesn’t leave you anything in the estate. If you can prove a relationship to the deceased, you could have a right to challenge the will and get what is rightfully yours.
    • Breach of fiduciary duty – The person in charge of executing an estate has a fiduciary duty to do so according to the wishes of the deceased. If the executor (or anyone else in charge of the estate) does not perform their job in the best interests of the deceased and the beneficiaries, you can have a claim against them.

    Other matters that a Rockwell estate litigation lawyer can work on include conservator disputes, executor fee claims, executor misconduct, and will distribution claims.

    Who Can Lawfully Challenge a Will?

    Estate Litigation Lawyer Serving RockwallTexas law states that only an interested person can contest a will. The law is in place so that hundreds of people don’t line up to contest wills. An interested person must be one of the following parties related to the deceased:

    • Heirs
    • Spouse
    • Creditors
    • Devisees

    If you don’t know if you are an interested party to an estate, you should contact a Rockwell estate litigation lawyer to find out.

    Frequently Asked Questions of Our Rockwell Estate Litigation Lawyers

    We understand that all cases have different issues. But we get basic questions from our clients and have answered them for you here.

    How long do I have to contest a will in Texas?

    According to Texas law, you have two years to contest a will once it goes to probate. If you file your petition after the statutory period has expired, your case will be dismissed.

    Will I have to go to court?

    You might not have to go to court if you can resolve your differences with the other party. Many times a judge will ask the parties to mediate their differences. Mediation occurs outside the courtroom, and a third party (a trained mediator) works with both parties to resolve the dispute.

    How long will my estate litigation last?

    That depends on many factors, including the parties’ willingness to come to a fair settlement, the court calendar, the availability of the other lawyers, and the case’s complexity.

    Staubus and Randall Are Your Rockwell Estate Litigation Lawyers

    The attorneys at Staubus and Randall practice only in probate, guardianship, trusts, and estate planning. We have over 100 combined years of experience in the field and voraciously fight for all our clients to get the results they deserve. Our lawyers understand the complexity and domestic issues of dealing with estates and probate. We are passionate about what we do.

    We have the highest AV rating from Martindale Hubbell and provide large law firm service with a small law firm touch. We genuinely care for our clients: our primary goal is their success and satisfaction.

    From our office in Dallas, we can serve many surrounding areas, including Plano and Richardson. If you need help from an experienced estate litigation law firm, call us today at 214-691-3411 or contact us online. At Staubus and Randall, our clients and their happiness always come first.

    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."

    Jody

    "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."

    Martha

    "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."

    Joann

    "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.”

    Karen

    "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.”

    David

    "After my husband's death, I was devastated by having to defend against a vicious dispute over my husband's estate. Julie Blankenship and Keith Staubus made me feel very comfortable in this distressing situation. They were very tough and did an excellent job for me in obtaining a summary judgment in my favor without a full jury trial. I was glad to have them and Diane Walker in my corner to help me achieve an excellent result - I won! If I ever had to go back to probate court, I would hire them again.” - (will and trust construction case)

    Flo

    "If you need intervention for someone you love but don't know where to turn or who to turn to, Julie Blankenship and Keith Staubus helped me through the most difficult and stressful time in my life with a much loved family member. I now believe that good will triumph over evil. They fought for what was right, and good prevailed." (contested guardianship and will contest)

    Janet

    "As a professional money manager, I have used Ryan Randall's estate planning services both personally and for my clients. Ryan has exhibited three critical attributes in his work with me: (1) high intellectual capacity, (2) exceptional thoroughness, and (3) a total commitment to integrity. In today's litigious world, it can be quite costly not to "get things done right.” An added bonus to us was that we found one of the nicest people we could imagine.”

    John

    "I was represented by Keith Staubus as an income beneficiary in a lawsuit with the trustee of a family trust. Utilizing the expertise of a forensic accountant and his own trust expertise, Keith was able to negotiate a judicial modification of the trust providing for the buyout of my income interest for a substantial lump sum payment out of the trust, resulting in a win-win situation for all of the parties. I highly recommend Staubus/Randall for any trust disputes and trust modification actions."

    Kathy

    "I have been a wealth management specialist and retirement plan consultant with the Dallas/Fort Worth financial community for over 20 years. I have engaged Ryan Randall to work with a number of my best clients over the years, including business owners, professionals and families. My clients always appreciate Ryan’s straightforward approach to estate planning, asset protection planning and business succession planning. He makes even the most sophisticated estate planning strategies understandable."

    Larry
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