Probate Litigation, Contested Wills, & Trusts

Our Houston-Based Probate Litigation Attorneys Handle Contested Wills and Trusts

When someone close to you passes away, a probate litigation or contested wills might not be the first thing to mind. A death in your family or friend group could be very sad and distressing for you. As time goes on, you or someone close to you may need to settle the deceased person’s estate. If any disputes arise during the process, you need a probate litigation attorney who handles contested wills.

How Can the Probate Process Lead to Contested Wills?

Probate is the process of distributing a deceased person’s property according to their will or to relatives according to intestacy laws. A court of law supervises the probate process in many cases. The court appoints an executor who is named in the will or appoints an administrator selected by the judge. The executor/administrator’s job is to account for and distribute all of the deceased’s assets.

Often, grieving friends and family members find it difficult to handle the probate process. Distribution of an estate can be an extremely stressful and emotional process. As a result, disputes may arise between potential heirs or family members. Heirs sometimes disagree with how property is being distributed from the estate. They also may disagree with how a will or trust was written. Probate litigation results when parties take a dispute to the probate court judge for a decision. Sometimes, probate litigation involves contested wills.

probate litigation

Contested Wills and Trusts in Probate Litigation

A will is a legally binding document describing the maker’s (testator’s) wishes about passing on their property to heirs. Signing a will often indicates that the testator cared about how their assets should get distributed and who should receive them. Unfortunately, sometimes the heirs, beneficiaries, or other interested people disagree with the will or its directions. This can lead to a contested will or other probate dispute. Common types of probate disputes that can lead to litigation include:

  • Is the will valid?
  • Did the testator understand what they were signing?
  • Did someone unduly influence the testator in making the will?
  • Is the estate’s executor or personal representative fulfilling their obligations?
  • Do any heirs feel that estate funds are being wasted or mishandled?
  • Do trustees or personal representatives have difficulty interpreting vague provisions in estate documents?
  • Should the trustee make a distribution from the trust to beneficiaries?

For these and many other reasons, you may decide that it is time to call a probate litigation attorney. If you have questions about the administration of a trust, it is also a good idea to speak to a probate litigation attorney. At our firm, our trustworthy lawyers advise clients on contested wills and other probate litigation matters. We know that you need competent legal counsel when you’re dealing with a contested will or trust.

Why You Need a Lawyer for a Contested Will or Trust

You need a lawyer for contested wills or trusts because you need someone who can advise you about your rights. There are many laws that govern probating a will. There are also many laws that govern administering a trust. If you have a dispute about the will or trust, even more laws could apply. That is why you should seek advice from a knowledgeable probate litigation lawyer.

You may have the right to file a will contest or dispute a trustee’s decision-making. However, you also may have a limited time to assert your rights. Laws may time-bar your will contest or other dispute, which is why you should visit a lawyer as soon as possible. Your lawyer can review your individual situation to determine how you could proceed. Our firm handles probate litigation in the Houston area, so give us a call today for a consultation.

We Provide Practical Results for Complicated Situations

At Henke & Williams, our attorneys have the experience to manage highly personal and complicated probate litigation, including contested wills and trusts. We can advise you on your path forward if you have a probate dispute. Our lawyers tailor plans of action to clients’ unique situations. To set up a consultation, call (713) 936-5521 or use our convenient Contact Form.

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