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.
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.
Who Can Lawfully Challenge a Will?
Texas 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:
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.