Disputes often arise during the administration of a probate estate. If you are involved in a dispute, I will help you understand your options and provide you with a realistic assessment of the likely outcome of the controversy. I represent Executors and Trustees, and individuals who are beneficiaries of a Trust or Estate. Following are some of the different types of disputes or issues that may arise.
- Lack of Capacity
- Undue Influence
- Tortious Interference with Inheritance Rights
Claims against Executors and Trustees:
- Breach of Fiduciary Duty
- Failure to make distributions in a timely manner
- Mishandling of funds
Interpretation of language in a Will or Trust instrument:
- Declaratory Judgment
Determination of Heirship:
- Statutory proceedings
- Adoption by Estopple
- Common law spouse
Proceedings to clear title to property
Probate Litigation can be financially and emotionally costly. I often help clients settle their disputes by negotiating settlement agreements or through mediation without having to file a lawsuit. These alternative means of dispute resolution often save both time and money. I find that some combination of creativity, stealth, and ingenuity will almost always help my client achieve an acceptable outcome to his or her situation. However, depending on the parties involved and the dynamics of the controversy, a lawsuit is sometimes necessary to settle the matter.
For knowledgeable and efficient advocacy in probate disputes in the Houston area, contact my office to set up a free initial consultation. I am located at 1631 Dunlavy St., Houston, Texas. I accept Visa, MasterCard and American Express.