Probate, estate, trust, and fiduciary litigation in Texas refers to the legal disputes that can arise in connection with the administration of a deceased person’s estate, the management of a trust, or the actions of a fiduciary (such as an executor, administrator, or trustee).
In Texas, probate is the process by which a deceased person’s estate is administered, and their assets are distributed to their heirs or beneficiaries. This process can be complex and may involve the interpretation of wills and trusts, the identification and valuation of support, and the payment of debts and taxes.
Planning for death and estate administration are complex processes that require a lot of attention and care. With the empowering guidance of legal professionals in this field, you will be able to rest easy knowing you have taken all the necessary steps for successful estate administration.
Estate, trust, and fiduciary litigation may arise in many situations. For example, when there is a dispute over the terms of a will or trust or when there are allegations of mismanagement, it may be necessary to seek legal advice.
It’s wise to enlist a lawyer you trust to guide you through the process. A vital attorney can help create documents, such as testaments, and even review and update them for later use. With the correct information and resources, an attorney can help reduce stress and make the whole process smoother for everyone involved.
Real estate law in Texas can be complex. If you or someone you know is in need of assistance regarding wills, trusts, and probate matters, Brian is an experienced attorney here to help.
From assisting clients with the actions of executors or administrators handling a deceased person’s estate, Brian provides representation for beneficiaries who believe their inheritance may be at risk due to trust issues or potential fiduciary misconduct such as fraud and misrepresentation.
Delaying in such matters can cause additional stress and anxiety that can cause more harm to an already challenging situation. Trust that you can call Brian when you need advice or representation.
Anthony and Joanne Smith had been happily married for 45 years before Joanne passed away. The couple had two children, a daughter named Susan and a son named Peter. Joanne had left behind a will that specified her estate should be divided evenly between Susan and Peter. Unfortunately, after the death of his mother, Peter began to experience mental health issues and could not manage his own money. As such, Anthony petitioned the court to be appointed as the guardian of his son’s estate share.
The court appointed Anthony as the fiduciary for his son’s estate and instructed him to manage it following the will left by Joanne. However, Susan believed Anthony was not properly managing their mother’s estate and filed a claim against him in probate court, alleging mismanagement of funds. She argued that Anthony had not made sufficient investments or properly managed her brother’s finances. In addition, she claimed that he was taking money out of her brother’s trust without consent or knowledge from other family members.
Anthony acted quickly to retain legal counsel who helped him navigate the process efficiently. His attorney presented evidence demonstrating that all investment decisions were made prudently and were in line with what was stipulated in Joanne’s will, as well as being compliant with state fiduciary laws. After months of litigation, the case ended in a settlement agreement where both siblings received their equal share of their mother’s estate according to her will. Anthony continued serving as guardian over Peter’s share until he became mentally competent enough to do so himself.