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214-691-3411
Free Consultation 214-691-3411

Wylie Estate Litigation Lawyers

If you need to file a lawsuit due to a dispute with the executor of the estate, a beneficiary, or another party, do not hesitate to contact Staubus and Randall. We could represent you whether you’re contesting a will or holding the estate’s administrator liable for breaching their fiduciary duty.

map of wylieLosing a loved one can be emotional and overwhelming. If you’re responsible for settling their estate or planning their funeral, you are already under enormous stress. Piling on a legal dispute might seem like too much to handle.

Despite wanting to take the time to grieve your loss, you must focus on seeking legal action. Administering the estate is a common battle among family members. You might believe an heir doesn’t rightfully deserve a specific asset or that someone coerced your loved one into executing the will. Any disagreement can delay the probate process and require the court’s involvement to resolve the issue.

At Staubus and Randall, our Wylie estate litigation lawyers have more than 100 years of combined legal experience. We know how to take on matters dealing with estates and create a strategy to meet our client’s needs. When you hire us, our lawyers will fight to protect your interests and try to reach the best possible outcome.

Call Staubus and Randall for your free consultation at 214-691-3411 today.

Why Choose Staubus and Randall?

If you don’t seek legal representation, you’ll be unlikely to succeed in your case. Pursuing a lawsuit for estate-related matters is complex. The process requires following various steps and gathering valuable evidence. You might make a mistake that negatively affects the judge’s ruling if you don’t know what you’re doing.

Facing a range of complications is common when a family member dies and leaves behind instructions in their will. The administrator or executor could mismanage your loved one’s final affairs or take advantage of their authority for personal gain. You should not face them alone in court. Staubus and Randall can be the advocate you need during this devastating time in your life.

The Wylie estate litigation lawyers of Staubus and Randall understand the sensitive nature of a case like this. We are compassionate and supportive when clients come to us with an estate dispute. You can count on us to advise you about the available legal options and provide guidance during every step of legal proceedings.

Estate Litigation Cases We Handle

At Staubus and Randall, we represent clients in a range of estate litigation cases. The most common matters we take are listed below.

Contest the Validity of a Will

Any interested party, such as a devisee, heir, or someone else with rights to property in the estate, can challenge a will’s validity. To pursue this type of case, you must have grounds, such as:

Beneficiary and Heir Disputes

Grieving is a normal process after someone’s death. However, if your family member has a will, you must enter it into probate so the court can determine its validity and authorize the distribution of assets.

You could pursue legal action if you believe the wrong person received property or there was a mistake in the drafting of the will. Staubus and Randall could file a kinship dispute to prove your relationship with the deceased. We will fight to recover the assets you are entitled to so you can settle the estate and move forward with your life.

Creditor Claims

Attorneys filling our paperworkIf someone owes money when they die, the creditor could go after the estate to pay off the debt. This process could delay probate and prevent the executor from using the assets to pay estate taxes or distribute property to the beneficiaries.

Staubus and Randall represents administrators, beneficiaries, and executors against claims made by creditors. We can determine whether the creditor made an error in calculating the amount of debt owed by your family member and move the proceedings along so you can settle this matter promptly.

Breach of Fiduciary Duty

The executor or administrator of an estate or trustee of a trust owes a fiduciary duty to the beneficiaries. They must protect the grantor’s final wishes and fulfill all obligations while administering the estate.

A trustee, administrator, or executor breaches their fiduciary duty when they place their own interests above the interests of named beneficiaries. The most common types of breach of fiduciary duty include:

  • Misappropriating assets in the trust or estate
  • Participating in fraudulent activity
  • Withholding the property from beneficiaries and heirs
  • Commingling personal funds with estate funds
  • Using assets for personal gain
  • Failing to advise beneficiaries about relevant information regarding the trust or estate
  • Delaying administration of the estate
  • Failing to take reasonable steps in taking, preserving, or controlling the assets held in trust

At Staubus and Randall, our estate litigation lawyers in Wylie, TX, also handle cases involving issues such as:

Frequently Asked Questions

Staubus and Randall wants you to feel prepared when you pursue an estate litigation case. Below are the most common questions we receive from our clients. You should review them thoroughly, so you understand your rights. We can answer any question you have during a free consultation.

Who can legally contest the validity of a will?

Only an interested person can challenge a will in Texas. An interested person includes:

  • Heir
  • Devisee
  • Creditor
  • Spouse
  • Any other person with a claim against the estate or rights to estate administration

How much time do I have to contest a will?

In Texas, there is a statute of limitations to contest a will. The statute of limitations allows a two-year timeframe to file a lawsuit from the date the will enters probate. However, filing suit before probate starts is a better option. Since a judge validates a will during the probate process, contesting it before that could benefit your case.

Can I seek compensation for my litigation expenses?

You could pursue compensation for various costs if you are the personal representative of the estate. Texas Estate Code 352.051 allows the recovery of compensation for reasonable and necessary expenses related to:

  • Collecting or attempting to collect debts or claims
  • Trying to recover or recovering property with a claim or title by the estate
  • Preserving, safekeeping, and managing the estate

Contact Us

Staubus and Randall has a track record of success and multiple awards from prestigious organizations like Super Lawyers. We also hold an AV® rating from Martindale-Hubbell, the highest possible rating.

Since 1992, our Wylie estate litigation lawyers have fought on behalf of our clients. We strive to provide quality legal representation to people in need. You will be our priority from the moment you hire us, and you’ll receive dependable and aggressive estate litigation services.

If you face an estate administration dispute, call Staubus and Randall for your free consultation at 214-691-3411 or reach out to us online.

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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