The experienced litigators at Staubus, Blankenship, Legere and Walker PLLC are available to discuss your estate, trust or guardianship dispute, explore your legal options, and take swift and decisive action to protect your rights and your inheritance. We have decades of experience advising will and trust beneficiaries about their rights,as well as executors and individual and corporate trustees of their duties and avenues to protect and defend themselves in high-stakes litigation.
We invite you to contact Staubus, Blankenship, Legere and Walker PLLC today about scheduling a consultation. Call (214) 833-0100 or complete this online form. We welcome the opportunity to assist you.
Decades of Knowledge and Experience in Estate Litigation
Decades of Knowledge and Experience in Estate Litigation
The Dallas estate and probate litigation attorneys at Staubus, Blankenship, Legere and Walker PLLC provides legal representation for probate, guardianship, and trust litigation, as well as estate planning and asset protection. We help people safeguard their estates and protect their rights during estate and trust disputes.
Our knowledge and skills have been developed through years of dedicated practice in probate courts. This allows us to handle routine, uncontested probate matters as well as conflicts, high-stakes estate, trust, and guardianship lawsuits.
The innovative techniques of our estate planning practice minimize income, gift, estate, and generation-skipping taxes. We also handle succession planning for closely held businesses and asset protection planning for professionals, high net-worth individuals, and families seeking to protect their assets from the risk of loss.
Staubus, Blankenship, Legere and Walker PLLC provides the legal support you need to move your probate or estate planning process forward smoothly and efficiently. Get in touch with us today.
Why Choose Staubus, Blankenship, Legere and Walker PLLC
Experienced guidance to protect your interests and assets
Staubus, Blankenship, Legere and Walker PLLC's attorneys are highly experienced estate and trust litigators who focus solely on lawsuits involving probate, trusts, and guardianships. With over 100 combined years of legal experience, we bring our combined skills, knowledge, experience, and resources to each case for innovative and results-oriented representation. Our AV rating is the highest available from the prominent law firm rating service, Martindale-Hubbell. We offer the benefits of a large firm in a boutique setting with dedicated, personal service to all of our clients.
The firm has been ranked by Best Lawyers as a Tier One Best Law Firm in Dallas/Fort Worth for trust and estate litigation.
During a consultation, we can explain what our firm has to offer, discuss your situation, and answer your questions.
In addition to Dallas, our attorneys also serve Plano and Richardson. Learn More
Accolades
Staubus, Blankenship, Legere and Walker PLLC has been ranked by Best Lawyers as a Tier One Best Law Firm in Dallas/Fort Worth for trust and estate litigation, and P. Keith Staubus and Julie K. Blankenship have been selected as Best Lawyers in America, all of which are peer-selected recognitions.
Some of the attorneys at Staubus, Blankenship, Legere and Walker PLLC have also earned special recognition from Thomson Reuters as Super Lawyers and Rising Stars. These special distinctions are awarded following extensive reviews by peers and independent parties.
P. Keith Staubus was recognized as a Super Lawyer in 2005 and 2009-2025.
Joseph E. Legere was recognized as a Rising Star from 2010-2012 and 2014-2015, and as a Super Lawyer in 2020-2025.
Kelly C. Walker was recognized as a Rising Star in 2011, 2012, and then from 2014-2017, and as a Super Lawyer in 2021 through 2025.
P. Keith Staubus has also been recognized by D Magazine as a Best Lawyer in Dallas in 2025 in probate, trusts, and estates.
What is Probate LitigationProbate is the legal process of distributing the assets of a deceased person. Any debts are paid off first, and then the remaining assets are distributed to the beficiaries under the decedent's will, or the heirs at law if there was no will. This can be straightforward, but in some cases, it can be controversial. Probate litigation occurs when these disagreements result in someone filing a lawsuit. These lawsuits often occur when:
- There is a question about the legal meaning and effect of certain statements in a will.
- There is concern that the will is not valid.
- There is a belief that executors or administrators have not fulfilled their responsibilities correctly.
- There is a dispute concerning right of survivorship or pay on death designations.
- There is a dispute over validity of retirement benefits designations.
- There is a dispute over the validity of life insurance beneficiary designations.
- There is a dispute over who are the heirs-at-law (including claims of illegitimate children).
- There is a dispute over community property issues.
- There is a claim of common law marriage
- A creditor files a claim against the estate.
Law firms that handle probate cases only a few times a year often do not have the experience or resources necessary to adequately assist clients in complex probate litigation. The attorneys at Staubus, Blankenship, Legere and Walker PLLC have a solid foundation in probate litigation and have handled numerous types of disputes in and out of the courtroom. Find out why so many people choose our team to represent them when it matters most.
What is Probate Litigation
Probate is the legal process of distributing the assets of a deceased person. Any debts are paid off first, and then the remaining assets are distributed to the beneficiaries under the decedent's will, or the heirs at law if there was no will. This process can be straightforward, but in some cases, it can become contentious. Probate litigation occurs when these disagreements result in someone filing a lawsuit. These lawsuits often occur when:
- There is a question about the legal meaning and effect of certain statements in a will.
- There is concern that the will is not valid.
- There is a belief that executors or administrators have not fulfilled their responsibilities correctly.
- There is a dispute concerning rights of survivorship or payable-on-death designations.
- There is a dispute over the validity of retirement benefit designations.
- There is a dispute over the validity of life insurance beneficiary designations.
- There is a dispute over who the heirs at law are (including claims of illegitimate children).
- There is a dispute over community property issues.
- There is a claim of common-law marriage.
- A creditor files a claim against the estate.
Law firms that handle probate cases only a few times a year often do not have the experience or resources necessary to adequately assist clients in complex probate litigation. The attorneys at Staubus, Blankenship, Legere and Walker PLLC have a solid foundation in probate litigation and have handled numerous types of disputes in and out of the courtroom. Find out why so many people choose our team to represent them when it matters most.
What Should I Expect
Information You Need for Probate and Estate Matters
Staubus, Blankenship, Legere and Walker PLLC is committed to protecting your interests, so we will discuss all the details of your circumstances and ask for specific documentation. This means getting to know you, your family, and your financial situation, so we can explore every option on your behalf. We will develop a proposal outlining the steps for you to consider. Once we agree on a plan, we will implement it to achieve your goals.
If your situation includes a dispute, we work toward a resolution through mediation or reconciliation whenever possible. If a lawsuit is your best option, we will aggressively pursue a litigation plan that strongly advocates for you.
Here are some of the items you may be asked to provide during a probate or estate planning process:
- List of owned assets (personal property, vehicles, real estate)
- Bank account statements
- Retirement and investment account statements
- Businesses formation documents
- Death certificate (if applicable)
- Estate planning documents (wills, powers of attorney, trusts, etc.)
Frequently Asked Questions
Estate planning is the process of arranging for the transfer of a person’s assets and property after their death.The estate plan you create may cover cars, homes, life insurance, assets, real estate, jewelry, and other types of personal property. When you create an estate plan, you must sign it in front of a notary public.
Even if you don’t have many assets, it’s still a good idea to create an estate plan, to help prevent disagreements among loved ones over how assets are distributed when you pass away. Your estate plan will ensure everything you own goes to specified parties and doesn’t end up in the wrong hands.
Individuals with extensive or complex assets typically hire an estate planning lawyer to help draft their will. Many use a will to divide personal property, such as a home, among their family members. When you’re preparing your will, you need to make sure you meet specific legal requirements. Having witnesses present when signing the documents is crucial.
Of course, it’s possible to draft a will on your own, especially if you don’t have significant assets to leave behind. However, hiring an estate planning lawyer can ensure that your documents comply with current law and that everything is divided among your family the way you want, to avoid confusion.
A power of attorney is a legal document that grants one person the authority (an agent or attorney-in-fact) to act on your behalf if you become incapacitated. When you create a power of attorney, you can designate a specific person and decide how much authority they will have.
If you grant your agent the authority to provide, withhold, or discontinue medical treatment, you can provide instructions about which medical services you do and do not want, when to stop life-saving measures, and when to cease specific treatments.
It’s devastating to lose a loved one, and handling their affairs may be the last thing on your mind. However, you must ensure that property and assets go to the intended beneficiaries and that their final wishes are followed.
The first thing you should do when your loved one passes away is to request a copy of the official pronouncement of death. You should also notify close friends and family of their death. If necessary, arrange for the supervision of dependents or minor children. You’ll also be able to find instructions for carrying out their plans in their will or trust.
A trust is a document that places your assets into a trust fund to transfer to a beneficiary upon your death. Many people create a trust to speed up the process of settling their estate. You can also protect your assets, reduce taxes, and prevent probate.
With a trust, you’re not only able to control who receives your assets but also how the money is distributed. This is especially beneficial if the person you’re leaving money to may have difficulty managing money. You can create a payment schedule with a specified amount paid weekly or monthly, rather than as a lump sum.
What Estate Planning Issues Can Lead to Lawsuits?
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.
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