Probate Litigation Lawyer Texas

Probate disputes can quickly turn emotional, creating uncertainty and stress for families already dealing with a loss. At Webb & Associates, we know how important it is to protect your loved one's legacy while making sure the probate process is handled correctly.

With over 25 years of experience, we are committed to providing personalized legal support for clients facing probate litigation in Houston, Texas, and the surrounding areas.

Whether you're contesting a will, addressing a breach of fiduciary duty, or resolving disputes over estate assets, we work tirelessly to find a resolution that reflects fairness, integrity, and the decedent's intentions.

Probate disputes can arise unexpectedly, even in families that never anticipated legal battles over an estate. When issues such as contested wills, mismanagement of assets, or beneficiary conflicts arise, having strong legal representation is essential.

We take pride in our commitment to excellence, great follow-up, and responsiveness to our clients’ needs. Probate litigation requires not just legal knowledge but also an understanding of the emotional challenges that come with these disputes.

Our approach focuses on clear communication, practical solutions, and an unwavering dedication to protecting your interests every step of the way.

Common Causes of Probate Litigation

Probate disputes often arise when family members, beneficiaries, or executors disagree on the administration of an estate. These conflicts can lead to legal battles that require court intervention. Understanding the common causes of probate litigation helps us anticipate and address challenges before they escalate.

Proper estate planning and transparency can help reduce the likelihood of these disputes, but when conflicts do occur, knowing what to expect can make a significant difference in resolving the matter efficiently.

Will Contests

A will can be contested when there are concerns about its validity. Common reasons for contesting a will include:

• Lack of capacity: The decedent wasn’t of sound mind when the will was created.

• Undue influence: Someone manipulated or pressured the decedent into making specific decisions.

• Fraud or forgery: The will was altered or signed under false pretenses.

• Improper execution: The will doesn’t meet Texas legal requirements, such as lacking the necessary witness signatures.

• Multiple conflicting wills: The existence of more than one will can create disputes over which version is valid.

• Ambiguities in language: Poorly drafted wills with unclear provisions can result in disagreements among heirs and beneficiaries.

Breach of Fiduciary Duty

Executors, trustees, and administrators have a legal obligation to act in the best interests of the estate and its beneficiaries. A breach of fiduciary duty occurs when they:

• Mismanage estate assets: Failing to account for or distribute assets properly.

• Engage in self-dealing: Using estate funds for personal gain.

• Withhold information: Refusing to provide beneficiaries with financial reports or updates.

• Fail to fulfill legal responsibilities: Not adhering to deadlines or court orders.

• Improperly distributing assets: Failing to follow the instructions set forth in the will or Texas probate law.

• Neglecting tax obligations: Failing to properly handle estate taxes and financial liabilities, which can have long-term consequences for beneficiaries.

Disputes Among Beneficiaries

Beneficiaries may have conflicting interpretations of a will or concerns about asset distribution. Disputes often stem from:

• Unequal asset distribution: One beneficiary receives a significantly larger portion than others.

• Ambiguous language in the will: Unclear wording creates confusion about the decedent’s intentions.

• Claims of estate mismanagement: Beneficiaries believe the executor isn’t acting in their best interests.

• Omitted beneficiaries: Individuals who were previously named in a will but were removed may contest its validity.

• Misunderstandings about non-probate assets: Some assets, such as life insurance policies or jointly held property, pass outside of probate and may cause disputes over intended ownership.

Resolving Probate Disputes in Texas

Probate litigation doesn’t always have to result in a prolonged court battle. Various methods are available to resolve disputes efficiently and cost-effectively. Finding a resolution outside of court can help preserve family relationships, reduce legal fees, and allow beneficiaries to receive their inheritance without excessive delays.

Avoiding court intervention when possible can also protect the privacy of the estate and those involved, preventing sensitive family matters from becoming public record.

Additionally, seeking alternative resolutions can help beneficiaries maintain control over the process rather than leaving crucial decisions in the hands of a judge who may not fully understand the nuances of the family dynamics.

Mediation and Settlement Negotiations

Mediation provides an opportunity for all parties to discuss their concerns in a controlled environment, with the guidance of a neutral mediator. The goal is to encourage open communication and explore solutions that respect the wishes of the decedent while also addressing the concerns of the involved parties.

A skilled mediator helps keep discussions focused on resolution rather than escalating conflicts. By engaging in mediation early, parties may be able to prevent costly legal battles and preserve important family relationships. Benefits of mediation include:

• Preserving family relationships: Reducing hostility and fostering cooperation.

• Saving time and money: Avoiding lengthy court proceedings.

• Creating customized solutions: Allowing parties to agree on terms that a court ruling may not provide.

• Maintaining privacy: Unlike courtroom litigation, mediation is confidential.

• Flexibility in decision-making: Parties can negotiate terms rather than having a judge impose a ruling.

Court Intervention

If mediation is unsuccessful or not an option, probate disputes may proceed to litigation. The Texas probate court will hear evidence, review the legal claims, and make a final ruling. Court intervention may be necessary in cases involving:

• Will contests with strong evidence of fraud or undue influence

• Executors who refuse to fulfill their duties

• Disagreements that can’t be settled through negotiation

• Missing or mishandled estate assets

• Challenges to estate accounting and financial reports

Preventing Probate Litigation

While some probate disputes are unavoidable, many can be prevented through careful estate planning and legal oversight.

Steps to Prevent Probate Disputes

• Creating a legally sound will: Working with an attorney to draft a clear and enforceable will minimizes the risk of contests.

• Regularly updating estate plans: Keeping legal documents current verifies they reflect the decedent’s most recent wishes.

• Choosing a responsible executor: Appointing a trustworthy individual reduces the likelihood of estate mismanagement.

• Maintaining open communication: Discussing estate plans with beneficiaries ahead of time can help prevent surprises and disputes.

• Implementing trusts: Using living trusts can provide a more controlled and private method of asset distribution.

What You Should Know About Texas Probate Law

Texas has specific probate laws that impact estate administration, including timelines, legal responsibilities, and dispute resolution procedures.

Key Aspects of Texas Probate Law

• Independent vs. dependent administration: Texas allows for independent administration, which simplifies the probate process and minimizes court supervision.

• Statute of limitations: There are strict deadlines for contesting wills and filing legal claims against an estate.

• Homestead exemptions: Certain properties may be exempt from creditors’ claims under Texas probate law.

• No-contest clauses: Some wills include clauses that penalize beneficiaries for contesting the document without valid legal grounds.

Speak to a Houston Probate Lawyer

Probate litigation requires careful legal guidance to protect the rights of beneficiaries and executors. At Webb & Associates, we are dedicated to providing strategic legal support to help our clients resolve disputes efficiently and fairly. 

We serve Houston, Texas, and the surrounding areas, including Harris County, Sugar Land, Katy, Galveston County, Cypress, Fort Bend County, Waller County, and Brazoria County. Get in touch with our firm today.