Texas Probate Law Case Study – Representation in Estate Mediation

In July of 2018, the father of the individual in question passed away, leaving behind an estate that needed to be probated. The individual hired an attorney to represent them in the estate mediation process, which has been ongoing for the past two years. However, after no resolution was reached, the individual’s attorney was appointed as a Texas judge, leaving the individual without representation. The individual now needs to find a new attorney to represent them in the estate mediation case.

The legal issue at hand is the probate of the individual’s father’s estate. Estate mediation is necessary due to disputes among the heirs regarding the distribution of the estate. These disputes may be related to the validity of the will, the identification of the heirs, or the interpretation of the will’s provisions.

In Texas, probate is overseen by the probate court, which is a division of the county court system. The probate process involves resolving any claims against the estate and distributing the assets to the rightful heirs.

The individual has been in estate mediation for the past two years, indicating that a resolution has not yet been reached. The individual’s former attorney becoming a judge presents an additional legal issue, as judges are prohibited from engaging in the private practice of law while serving as a judge.


To resolve the legal issues at hand, the individual should seek out a new attorney experienced in estate mediation to represent them in the case. The new attorney will need to review the existing probate file, including any pleadings, orders, and transcripts of hearings, to understand the current status of the case.

The new attorney should also investigate the underlying facts of the case, including the identity of the heirs, the value of the assets in the estate, and any claims against the estate. Based on this investigation, the attorney can develop a strategy for resolving any disputes and distributing the assets to the rightful heirs.

It is important for the individual to act quickly in finding a new attorney experienced in estate mediation, as the probate process can be time-consuming and expensive. The longer the case remains in limbo, the more costly and complicated it may become.

The Takeaway

Estate mediation cases can be complex and emotionally charged, especially when there are disputes among the heirs. The individual in this case has been in estate mediation for two years without resolution and now needs to find a new attorney due to their former attorney becoming a judge. By seeking out a new attorney experienced in estate mediation and working to resolve any disputes, the individual can move closer to a resolution and ensure that the assets in their father’s estate are distributed in accordance with the law.

Do you need help with a probate matter in Austin or the surrounding area?  We are Austin probate attorneys.  We help clients navigate the probate process.   Call today for a free confidential consultation, 512-273-7444.

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The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.

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