Probate Litigation

Austin Probate Litigation Attorneys
Common Probate Disputes

Austin Probate Litigation Attorneys

  • Probate litigation to dispute the validity of wills on the basis of incapacity of the testator, undue influence over the testator, defective execution of the will, forgery, etc.
  • Trust litigation to challenge or defend the construction of a trust or the actions of a trustee.
  • Will construction proceedings on behalf of fiduciaries or beneficiaries to clarify ambiguity in a will.
  • Fiduciary litigation to challenge the actions of an executor or trustee in managing the financial affairs of the estate or trust.
  • Accounting proceedings to challenge or defend the management of an estate or trust.
  • Spousal rights proceedings to question or establish the rights of a spouse to inherit, and to analyze the validity of prenuptial and antenuptial agreements.
  • Kinship proceedings to question or establish the inheritance rights of more distant relatives.
  • Claims proceedings to establish who has a claim on assets of an estate (such as business partners or creditors).

There are specific time limits and procedures for bringing claims. The Austin probate court focuses on carrying out the decedent’s wishes and ensuring that the Texas probate laws are followed.

what we are expert at

Avoiding Probate Litigation When Possible

The burdens on a family after a loved one’s death can feel immense. It is a difficult time for those managing both their grief and the legal aspects of an estate. Fearing that your loved one’s final wishes are not being carried out can make the situation even more complicated. Many families wonder what rights they have and what can be done. You may not want to get into a legal battle—it is a common worry that litigation will be costly and time-consuming, or that the effort will be all for nothing in the end.

Our experienced probate mediation and litigation attorneys in Austin, Texas strive to help you and your family resolve your loved one’s estate as effectively as possible. Even if you don’t live in Austin, our legal team can be your advocate in court, working to ensure that your loved one’s wishes are carried out and your rights are protected.

Litigating Probate Matters When Necessary

We have represented clients in will contests, sometimes in support of a propounded will and on other occasions to object to a will.  We have also participated in proceedings to construe and reform wills, in contested accounting proceedings and in tax proceedings.  Our estate litigation attorneys enjoys a reputation for sound advice, efficiency, and practicality. Our first and foremost goal will always be achieving the best possible result for our clients. Quite frequently, we are able to settle such proceedings without trials after taking into account the merits of the positions advanced by respective parties and the tax rules applicable.

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