Dallas Attorneys Handling Estate, Trust, and Guardianship Litigation

When a loved one dies, and the execution of their estate plan begins, many disputes can arise among family members. Even when the deceased has created a well-prepared estate plan, problems can occur if an agent acting under a power of attorney fails to perform their duties or someone is dissatisfied with how assets are divided and distributed.

The most common disputes estate lawyers encounter include:

Poor fiduciary selection

Many disputes arise when an agent acting under a power of attorney, executor, or trustee fails to properly perform their duties. That failure is called a breach of fiduciary duty. Common breaches include:

• Failure to file tax returns
• Using assets for personal benefit
• Failure to provide tax and accounting information to beneficiaries
• Dividing and distributing assets improperly

To avoid these issues, you should ensure your loved one chooses the right fiduciary during the process of planning their estate. Careful selection can help prevent breaches of duty, and they act in the deceased’s best interest.

Will or Trust Contest

When someone contests a trust or will, it is often because they believe it is legally invalid or that someone improperly influenced the creator's decisions.

To be legally valid, a will must be signed under specific circumstances and in a particular manner. In Texas, the person must meet the following requirements:

• Be at least 18 years of age;
• Be of sound mind, meaning they’re able to make decisions and understand the consequences of a will;
• Sign the will themselves;
• Have the signatures of at least two witnesses; and
• List at least one beneficiary.

Improper execution of a will is less common than undue influence. Many argue that the creator of the trust or will made decisions due to another party's influence. The person accused of undue influence could be a friend, caregiver, professional advisor, or family member.

Distribution of property

Sometimes conflicts arise when the creator of a will or trust intends to leave someone their property but dies before they can change their estate plan to reflect that decision. Conflicts can also arise when beneficiaries believe the distribution of property is unfair or inequitable.

How should I handle estate law disputes?

If you encounter any of the disputes listed above or other types of disputes, there are options for resolving them. The remedy you choose will depend on the particular conflict and the people involved.

• Remove the executor: If there’s a problem with the executor of the estate, you might need to replace or remove them. Finding a replacement can be difficult, particularly one that satisfies all parties. However, it’s the best decision to ensure everyone is satisfied with how the estate gets handled. A neutral, unbiased third party may be the best choice.
• Litigation: To litigate a dispute, you must be an inheritor and have sufficient grounds for pursuing a lawsuit. People may pursue litigation if they believe property was improperly distributed or they suffered a financial loss because someone mismanaged the estate.
• Mediation: This is the best option for individuals who want to settle the issues amicably, promptly, and cost-effectively. Mediation often produces quicker results and cost less than litigation. You also have complete control over the outcome because there isn’t a judge or jury involved.