Archive: May 2023

It is sad and stressful when a loved one passes away. But what happens when you and your family dispute what is happening with the decedent’s estate? Do you think the estate executor needs to be more honest and truthful with you about your loved one’s wishes? Do you your loved one was coerced into leaving their assets to a particular person in their will?

If you experience any problems with an estate or have questions, contact a Rockwall estate litigation lawyer from Staubus, Blankenship, Legere and Walker PLLC for help. We can advise you about your legal options and help you decide the approach to take when dealing with this situation. Call us today at (214) 833-0100 or contact us online for a free consultation to learn more.

Overview of Probate Litigation

When there is a dispute with the asset distribution of a deceased individual’s estate, probate litigation may follow. Probate litigation occurs when someone files a lawsuit to contest a will or to question an executor’s or administrator’s distribution of money or property.

Some reasons why probate lawsuits get filed are:

• Someone believes that the will is invalid.
• A dispute exists about the proper heirs to the deceased’s estate.
• Someone believes that the estate executor is not performing their duties according to the deceased’s wishes.
• A dispute exists over some of the language in the will.
• A claim of common law marriage arises.
• A creditor has filed a lawsuit against the estate.
• There is a dispute with another member of the deceased’s family.

Why Should You Hire a Rockwell Estate Litigation Lawyer?

Many people think they will be able to handle problems that come up in settling their loved one’s estate. However, Texas estate laws are complex and confusing. You may not get the desired outcome if you try to handle the issue yourself. An experienced and knowledgeable Rockwell estate litigation lawyer could guide you through the dispute process. Here are other reasons to hire a lawyer for your estate needs.

• Estate disputes are stressful and can lead to a falling out between family members. A lawyer can ease that stress by working with lawyers on the other side to come to a fair conclusion.
• Your lawyer will file any documents with the court correctly and on time. If a document is not filed correctly, it could lead to a dismissal.
• Your lawyer knows the law. You might think of only some scenarios when disputing an estate. A knowledgeable and experienced Rockwell estate litigation lawyer who thinks outside the box could help you succeed.

What Type of Estate Work Do They Do?

Successful Rockwell estate litigation lawyers take on many matters in their expertise. A well-rounded firm would have experience in these areas of practice:

• Creditor claims – Creditors come calling if a decedent has unpaid debts at the time of their passing. They want to get paid by the estate. Disputing these claims can be difficult, so you should speak to a lawyer about them.
• Invalid will disputes – If you have a question about the validity of the decedent’s will, you can challenge it. Some grounds on which you can challenge a will are revocation, mistake, fraud, undue influence, and lack of testamentary capacity.
• Disputes of beneficiary or heir – You might feel slighted if a close relative passes away and doesn’t leave you anything in the estate. If you can prove a relationship to the deceased, you could have a right to challenge the will and get what is rightfully yours.
• Breach of fiduciary duty – The person in charge of executing an estate has a fiduciary duty to do so according to the wishes of the deceased. If the executor (or anyone else in charge of the estate) does not perform their job in the best interests of the deceased and the beneficiaries, you can have a claim against them.

Other matters that a Rockwell estate litigation lawyer can work on include conservator disputes, executor fee claims, executor misconduct, and will distribution claims.

Who Can Lawfully Challenge a Will?

Texas law states that only an interested person can contest a will. The law is in place so that hundreds of people don’t line up to contest wills. An interested person must be one of the following parties related to the deceased:

• Heirs
• Spouse
• Creditors
• Devisees

If you don’t know if you are an interested party to an estate, you should contact a Rockwell estate litigation lawyer to find out.

Frequently Asked Questions of Our Rockwell Estate Litigation Lawyers

We understand that all cases have different issues. But we get basic questions from our clients and have answered them for you here.

How long do I have to contest a will in Texas?

According to Texas law, you have two years to contest a will once it goes to probate. If you file your petition after the statutory period has expired, your case will be dismissed.

Will I have to go to court?

You might not have to go to court if you can resolve your differences with the other party. Many times a judge will ask the parties to mediate their differences. Mediation occurs outside the courtroom, and a third party (a trained mediator) works with both parties to resolve the dispute.

How long will my estate litigation last?

That depends on many factors, including the parties’ willingness to come to a fair settlement, the court calendar, the availability of the other lawyers, and the case’s complexity.

Staubus, Blankenship, Legere and Walker PLLC Are Your Rockwell Estate Litigation Lawyers

The attorneys at Staubus, Blankenship, Legere and Walker PLLC practice only in probate, guardianship, trusts, and estate planning. We have over 100 combined years of experience in the field and voraciously fight for all our clients to get the results they deserve. Our lawyers understand the complexity and domestic issues of dealing with estates and probate. We are passionate about what we do.

We have the highest AV rating from Martindale Hubbell and provide large law firm service with a small law firm touch. We genuinely care for our clients: our primary goal is their success and satisfaction.

From our office in Dallas, we can serve many surrounding areas, including Plano and Richardson. If you need help from an experienced estate litigation law firm, call us today at (214) 833-0100 or contact us online. At Staubus, Blankenship, Legere and Walker PLLC, our clients and their happiness always come first.

At Staubus, Blankenship, Legere and Walker PLLC, we understand that the loss of a loved one can be an incredibly difficult and emotional time. The grieving process can be overwhelming, and the added stress of dealing with legal matters can be daunting. Estate litigation can trigger unresolved family matters and conflicts, leading to tense legal disputes. Our attorneys are here to help you navigate the legal and personal complexities of estate litigation with compassion and professionalism.

If you are considering litigation over your loved one’s estate, it’s important to know that you’re not alone. Disputes over wills, trusts, and estates can arise for a variety of reasons, and they can get complicated quickly. Our team of experienced estate litigation attorneys can help you understand your rights and protect your interests as you pursue your estate litigation case.

We understand that estate litigation can be a sensitive and emotional issue, which is why we take a personalized approach to every case we handle. We’re here to listen to your concerns, answer your questions, and help you make informed decisions about your legal options every step of the way. Our goal is to help you achieve a fair and just outcome while minimizing familial stress and conflict as much as possible.

At Staubus, Blankenship, Legere and Walker PLLC, we’re here to fight for your rights. Contact us today to schedule an initial consultation session and learn more about how we can help you with your estate litigation needs.

Overview of Estate Litigation

There are many reasons why survivors choose to litigate their loved ones’ estates. For example, a family member might take legal action because:

• They think that the decedent was coerced into modifying or creating a will, possibly because they were not of sound mind when they drafted or signed the document.
• They believe there could be more than one will, and the version of the will being presented in court is not a valid one.
• Disagreements arise regarding the proper heirs or beneficiaries of the estate.

How Staubus, Blankenship, Legere and Walker PLLC Can Help With Your Estate Litigation Case

Estate litigation law is a complex practice area, and many estate litigation cases have high stakes involved. When your loved one’s final wishes are on the line, you want to hire a knowledgeable and experienced estate litigation lawyer to protect your interests. Your estate litigation lawyer can help you by:

• Filing necessary paperwork with the court to initiate your estate litigation case – Filing inaccurate paperwork or failing to submit paperwork on time could jeopardize your case.
• Communicating with other family members and their attorneys on your behalf – That way, you won’t have to deal with as much stress or worry about watching every word you say.
• Representing you in court – If you litigate an estate, you’ll usually need to present your case in court before a judge, and you’ll want an experienced professional on your side.
• Relieving stress – Estate litigation is stressful, especially when you’re already grieving. An estate litigation lawyer can take the pressure off you.

Types of Estate Litigation Matters We Take On

At Staubus, Blankenship, Legere and Walker PLLC, we can handle all types of estate litigation matters, including:

• Creditor Claims – If your loved one had outstanding debts when they died, their creditors could come after the estate to recoup as much money as possible. Our attorneys can deal with creditors on your behalf and dispute any excessive or invalid creditor claims.
• Breach of Fiduciary Duty – Executors and trustees of estates have specific legal duties and responsibilities to the decedent’s family members. If you know or suspect that an executor, trustee, or administrator of your loved one’s estate has failed to uphold their fiduciary duty, our attorneys can help you prove the breach and hold them accountable.
• Will Disputes – You might believe that your loved one’s will is invalid for a number of reasons. For instance, you might know or suspect that there was a mistake in the drafting of the will, that an administrator improperly executed the will, or that your loved one was coerced into signing the document against their will. Whatever the case, our attorneys can help you gather evidence to support your claim and demand justice on your behalf.

Frequently Asked Questions Our Denton Estate Litigation Lawyers Receive

Here are some general questions our firm frequently receives about the estate litigation process, along with some straightforward answers to put your mind at ease:

How Long Do I Have to Contest a Will in Denton?

Under Texas law, you have two years to contest a will. If you have grounds to contest a will but fail to do so within the required two-year timeframe, you could lose your right to take action.

Who Can Contest a Will?

Under Texas law, only an interested person can contest a will. In the context of estate litigation, an interested person could include a spouse, an heir, a devisee, or a creditor.

If I Contest a Will, Do I Have to Go to Court?

It depends. In some cases, you and your lawyer could be able to resolve your estate litigation matter out of court through mediation. If these attempts fail, however, you might need to appear in court to present your case before a judge.

Call Staubus, Blankenship, Legere and Walker PLLC Today to Speak with an Experienced Denton Estate Litigation Lawyer

If you’re facing a dispute over your loved one’s estate, you don’t have to navigate the legal process alone. At Staubus, Blankenship, Legere and Walker PLLC, we have the experience and knowledge necessary to help you achieve a fair and just outcome.

Don’t let the emotional and complex nature of estate litigation overwhelm you. Our team of compassionate attorneys will work tirelessly to protect your interests and provide you with the guidance and support you need.

Call us today at (214) 833-0100 or fill out our online contact form to schedule a consultation and take the first steps toward resolving your estate litigation matter. Let us help you through this challenging time so you can honor your loved one and move forward with your life.

Estate litigation is a legal action to settle disputes related to the distribution of assets, interpretation of wills and trusts, and other matters related to estate planning. At Staubus, Blankenship, Legere and Walker PLLC, we specialize in estate litigation and are committed to helping our clients protect their assets and ensure their estate plans are carried out according to their wishes. Our attorneys are dedicated solely to probate and estate planning, allowing us to bring a formidable collection of specific skills and resources to each case.

Understanding Estate Litigation

Estate litigation is a legal process that can arise when there is a dispute over the distribution of assets or the management of trusts, wills, or other estate-related matters. These disputes can occur for many reasons, including challenges to the validity of a will or trust, claims of undue influence, or disagreements between beneficiaries. In some cases, disputes can also arise due to allegations of elder financial abuse or breach of fiduciary duty.

At Staubus, Blankenship, Legere and Walker PLLC, we understand the complex and sensitive nature of estate litigation matters. Our team of highly skilled attorneys has extensive experience handling a wide range of estate disputes, including those involving contested wills, trust litigation, and guardianship matters. We are committed to providing personalized attention to each client and working closely with them to develop a customized legal strategy that aligns with their specific goals.

Here are some of the most common types of estate litigation:

Contested Wills

Contested wills are one of the most common types of estate litigation. When a loved one passes away, disputes can arise over the validity of their will. This can happen when family members or other interested parties believe that the will was signed under duress, that the deceased lacked the capacity to sign the will, or that the will was tampered with in some way. Our attorneys are well-versed in the complex legal requirements surrounding wills and are dedicated to providing effective legal representation in contested will cases.

Trust Litigation

Trusts are legal entities created to manage assets to benefit one or more beneficiaries. Disputes can arise when beneficiaries or other interested parties feel that the trustee is not acting in their best interests, is mismanaging assets, or is violating the terms of the trust. Our team of experienced attorneys has extensive knowledge of trust law and is dedicated to providing effective representation in trust litigation matters.

Guardianship Matters

Matters can arise when there is a guardianship dispute over the care of a minor or an incapacitated adult. These disputes can involve disagreements over who should be appointed as the guardian or whether the appointed guardian is acting in the best interests of the ward. Our attorneys have extensive experience handling guardianship matters and are committed to providing compassionate legal representation to our clients.

Our Approach to Estate Litigation

At Staubus, Blankenship, Legere and Walker PLLC, our approach to estate litigation is client-focused, and we prioritize our clients’ goals and interests throughout the litigation process. We understand that disputes related to wills, trusts, and other estate planning matters can be emotionally and financially draining, and we strive to provide our clients with the guidance and support they need to navigate these difficult situations.

Our attorneys begin by conducting a thorough evaluation of your case, which includes a comprehensive review of all relevant facts, documents, and evidence. We take the time to understand the unique circumstances of your dispute, as well as your desired outcome so that we can develop a strategy that aligns with your goals.

Based on our analysis of your case, we may recommend pursuing litigation or alternative dispute resolution methods, such as mediation or arbitration. We recognize that every case is unique and may require a tailored approach, and we work closely with our clients to determine the best course of action.

If litigation is necessary, our attorneys have the experience and skills to represent you in court, including trials, appeals, and settlement negotiations. We have successfully litigated a wide range of estate disputes, including will contests, trust disputes, breach of fiduciary duty claims, and guardianship disputes.

In all aspects of our estate litigation services, our attorneys remain committed to advocating for our clients’ rights and interests. We strive to provide our clients with the highest level of legal representation while also providing compassionate support throughout the litigation process.

Why Choose Staubus, Blankenship, Legere and Walker PLLC for Your Estate Litigation Needs?

At Staubus, Blankenship, Legere and Walker PLLC, we have over 100 combined years of legal expertise in probate, litigation, and estate planning. We are dedicated solely to probate and estate planning, which allows us to bring a formidable collection of specific skills and resources to each case. Our attorneys are highly experienced litigators and estate planners, and we do not have young inexperienced attorneys learning on your dollar.

Our firm has earned an AV rating, the highest legal rating available from the prominent law firm rating service Martindale Hubbell. This rating reflects the highest level of professional excellence and ethical standards and our commitment to providing our clients with exceptional legal representation.

Contact Us Today

If you are facing a dispute related to estate planning, contact Staubus, Blankenship, Legere and Walker PLLC today. Our team of experienced attorneys is here to help you protect your assets and ensure your estate plan is carried out according to your wishes. We offer a free initial consultation to discuss your case and determine the best action. Let us help you navigate the complexities of estate litigation and achieve a successful outcome.

When you work with Staubus, Blankenship, Legere and Walker PLLC, you can be confident that you are receiving the highest level of legal representation available. Our team of attorneys has the knowledge, experience, and resources to help you navigate the complex world of estate litigation. We understand that ¸estate litigation can be emotional and stressful, and we are here to guide and support you throughout the process.

Our attorneys are dedicated to providing personalized attention and strategic solutions tailored to your specific needs. For help with your estate planning and litigation needs, contact Staubus, Blankenship, Legere and Walker PLLC today at (214) 833-0100.

Estate planning is the process of creating a plan for the management of your assets after you die. This plan may include a will, a trust, and other documents to ensure that your assets are distributed according to your wishes. Unfortunately, even the best-laid plans can be challenged in court, and that’s where estate litigation comes in. Estate litigation is the legal process of resolving disputes over a deceased person’s assets. This can include will contests, trust litigation, and fiduciary litigation. In this article, we’ll explore the basics of estate litigation and how Staubus, Blankenship, Legere and Walker PLLC can help you protect your inheritance.

What is Estate Litigation?

Estate litigation is a broad term that refers to legal disputes that arise from the administration of an estate or trust after an individual’s death. These disputes can arise due to a variety of reasons, such as disagreements among beneficiaries, questions about the validity of a will or trust, or allegations of misconduct by a fiduciary. The following are some common examples of estate litigation:

• Will Contests: Will contests occur when a beneficiary or potential beneficiary challenges the validity of a will or claims that they were unfairly excluded from the will. This type of dispute can arise due to several reasons, including claims that the deceased lacked the mental capacity to make a valid will, that the will was executed under duress or undue influence, or that the will was not properly executed according to state law.
• Trust Litigation: Trust litigation occurs when a beneficiary or potential beneficiary challenges the validity of a trust or claims that the trustee has breached their fiduciary duties. This type of dispute can arise due to various reasons, including allegations of fraud or mismanagement, disputes over the interpretation of trust provisions, or claims that the trustee failed to distribute trust assets properly.
• Fiduciary Litigation: Fiduciary litigation occurs when a fiduciary, such as an executor or trustee, is accused of mismanaging the estate or breaching their fiduciary duties. This type of dispute can arise due to various reasons, including allegations of self-dealing, conflicts of interest, or failure to manage estate assets properly.

Regardless of the type of estate litigation, these disputes can be complex, time-consuming, and emotionally charged, especially when they involve family members and close friends of the deceased. It’s essential to work with an experienced estate litigation attorney who can guide you through the process and help protect your rights.

Estate litigation can be a significant financial burden, and the outcomes of these disputes can have a significant impact on the distribution of assets to beneficiaries. Therefore, it’s crucial to work with an attorney who can help you evaluate your legal options and develop a strategy that meets your unique needs and goals. An experienced estate litigation attorney can help you navigate the complexities of the legal process and ensure that your interests are protected.

At Staubus, Blankenship, Legere and Walker PLLC, our estate litigation attorneys have extensive experience representing clients in a wide range of estate disputes. We are committed to providing our clients with personalized and effective legal representation, whether they are involved in a straightforward probate matter or a complex estate litigation dispute. Contact us today to schedule a consultation and learn more about how we can help you with your estate litigation needs.

How Staubus, Blankenship, Legere and Walker PLLC Can Help

At Staubus, Blankenship, Legere and Walker PLLC, we understand that estate litigation can be emotionally charged and overwhelming for our clients. That’s why we offer personalized, compassionate legal representation to guide our clients through the legal process with confidence and peace of mind.

Our experienced attorneys work closely with clients to understand their specific needs and goals and to develop a customized strategy tailored to the unique circumstances of each case. We take a proactive approach to estate litigation, conducting a thorough investigation and analysis of the relevant facts and legal issues to identify the most effective legal arguments and strategies.

Our attorneys have a proven track record of success in estate litigation cases, including high-stakes will contests, trust disputes, and fiduciary litigation. We are aggressive advocates for our clients and are not afraid to take on powerful opponents or complex legal issues.

In addition to estate litigation, we also offer estate planning and asset protection planning services. Our estate planning group utilizes innovative planning techniques personalized to our client’s needs to minimize taxes and protect assets from the risk of loss. We work with clients to create customized estate plans that meet their specific goals, including business succession planning, asset protection planning, and tax planning.

Our attorneys have earned an AV rating, the highest legal rating available from the prominent law firm rating service, Martindale Hubbell. This recognition reflects our dedication to providing exceptional legal representation and our commitment to achieving the best possible outcomes for our clients.

At Staubus, Blankenship, Legere and Walker PLLC, we are dedicated solely to probate and estate planning, which means we have the specific skills and resources needed to handle even the most complex estate litigation cases. We are committed to providing our clients with personalized, compassionate legal representation and are always available to answer any questions or concerns they may have throughout the legal process.

If you are facing estate litigation or need assistance with estate planning or asset protection planning, don’t hesitate to get in touch with us today to schedule a consultation.

Why Choose Staubus, Blankenship, Legere and Walker PLLC?

There are many reasons to choose Staubus, Blankenship, Legere and Walker PLLC for your estate litigation needs. Here are just a few:

• Experience: Our attorneys have over 100 combined years of legal expertise in probate, litigation, and estate planning. We have the knowledge and experience needed to handle even the most complex estate litigation matters.
• Dedication: We are dedicated solely to probate and estate planning, which means we have the specific skills and resources needed to handle your case.
• Personalized attention: We take a client-focused approach to estate litigation, tailoring our services to meet your unique needs and goals.
• Proven track record: We have a substantial track record of success in complex, high-stakes estate litigation cases.

Contact Us Today

If you’re involved in an estate litigation matter or need help with estate planning, contact Staubus, Blankenship, Legere and Walker PLLC today. Our experienced estate litigation attorneys in Dallas can help you protect your rights and achieve your goals. With our big firm benefits and boutique atmosphere, you can trust that your case will receive the attention and resources it deserves.

The estate litigation attorneys of Staubus, Blankenship, Legere and Walker PLLC have helped Rowlett individuals and families for many years through the complex, delicate matters involving probate, guardianship, estate, and trust litigation, as well as estate planning and administration. Our experienced lawyers work hard to protect our clients’ families, assets, rights, and property through vigorous litigation and meticulous planning.

If you or your family is facing a difficult situation or decision about your future, contact the estate litigation attorneys at Staubus, Blankenship, Legere and Walker PLLC today at (214) 833-0100 for a consultation.

Why Choose Staubus, Blankenship, Legere and Walker PLLC?

With over 100 years of legal experience, the estate litigation attorneys of Staubus, Blankenship, Legere and Walker PLLC have the knowledge, skills, and resources to handle a wide range of estate and probate matters for Rowlett families and individuals. Staubus, Blankenship, Legere and Walker PLLC is respected in probate courts across Texas for our hard-earned trial experience in difficult and high-stakes legal matters, such as will contests, trust litigation, fiduciary litigation, and much more. This has made our attorneys Rowlett’s litigators-of-choice for anyone facing estate litigation, including routine and uncontested matters.

Staubus, Blankenship, Legere and Walker PLLC complements our aggressive litigation practice with our sophisticated estate planning and administration practice, utilizing innovative strategies and techniques to protect and secure important assets and minimize taxes for families of all sizes and types.

Because of our superior client services and successful track record, Staubus, Blankenship, Legere and Walker PLLC has received an AV rating from the prominent law firm rating service Martindale Hubbell, the highest possible legal rating a firm can receive. Furthermore, our legal team includes several attorneys who have earned special recognition from Thomson Reuters as Super Lawyers and Rising Stars. Rest assured, we have an experienced, sophisticated team that can handle whatever your estate’s legal needs might be now and in the future.

Our clients in Rowlett and throughout Texas say the following about our services:

• “…professionalism, immense legal knowledge on a wide variety of topics, and amazing communication skills…”
• “…the legal service, professional attitude, prompt communication of your firm and your legal knowledge is second to none.”
• “Their service, approach, and determination to obtain results exceeded the other attorneys in each case.”

Types of Cases Our Estate Attorneys Handle

The attorneys at Staubus, Blankenship, Legere and Walker PLLC can handle a variety of legal matters for Rowlett clients, including the following:

• Estate Litigation
• Will Contests
• Guardianships
• Trust Litigation
• Fiduciary Litigation
• Probating Wills
• Estate Administration
• Trust Modification
• Trustee Representation
• Trust Beneficiary Representation
• Power of Attorney Disputes
• Heirship Determination
• Estate Planning
• Inheritance Rights
• Trust Contests
• Will Planning
• Trust Planning

What to Expect in Probate and Estate Legal Matters

Probate is the legal process of distributing an estate after someone passes away. In some instances, this process is clear-cut and amicable, but in other instances, it can be uncertain, confusing, or even contentious.

Whatever the nature of your family’s legal matters, Staubus, Blankenship, Legere and Walker PLLC has the experience and resources necessary to handle them. Our attorneys have seen it all, including straightforward probate and high-conflict litigation. From the outset, we will get to know you, your family, your needs, and your goals so that we can pursue the best possible outcome that protects your interests. As we seek to understand your legal situation fully, we may ask you for additional information and documentation, such as:

• List of assets, such as homes, vehicles, etc.
• Bank account statements
• Financial assets, such as retirement funds, savings accounts, investment accounts, etc.
• Business formation documents
• Estate planning documents, such as wills, trusts, powers of attorney, guardianship documents, etc.
• Death certificate

Once we have all the information necessary to understand the circumstances, we will guide you through all the legal options and the pros and cons associated with each. Once we agree on a path forward, we will forcefully advocate for you and your interests. We aim first to resolve legal matters through mediation, as it will save you time, money, and heartache. However, if a resolution cannot be reached that way, we will not hesitate to take the matter to court.

When to Sue

Unfortunately, there are many circumstances in which Staubus, Blankenship, Legere and Walker PLLC has sued on behalf of a client in an estate, probate, or trust matter that was not resolved through mediation. Our attorneys have helped Rowlett clients resolve disputes through litigation in the following types of cases:

• Dispute over the validity of a will – For a will to be valid in Texas, the creator must be at least 18 years old and “of sound mind.” Furthermore, the will must be signed by the creator themselves and, in some instances, signed by at least two witnesses and notarized. Potential beneficiaries may contest a will for improper execution, as when a will is not signed by the creator. More frequently, potential beneficiaries contest a will for undue influence by a family member, friend, caregiver, or advisor. Staubus, Blankenship, Legere and Walker PLLC utilizes recognized experts and investigators to gather evidence to either dispute or uphold the validity of a will.
• Dispute over the performance of an executor, administrator, or trustee – An executor, administrator, or trustee has a fiduciary responsibility to perform their duties in the best interests of their client, whether that’s an estate or a trust beneficiary. Disputes often arise when a fiduciary fails to perform their duties with care, such as using assets for personal benefit, dividing assets improperly, or failing to file proper documentation. Staubus, Blankenship, Legere and Walker PLLC can help families remove a problematic fiduciary and remedy their improper actions.
• Dispute over property distribution – After a loved one passes away, disputes may arise over the distribution of property in their estate. Perhaps a beneficiary believes the distribution is unfair, or there is confusion about the decedent’s intentions for distribution. Staubus, Blankenship, Legere and Walker PLLC can help families resolve these disputes or, if necessary, sue to stand up for their rights.
• Dispute over heirship determination – When someone passes away without a will, disputes may arise over who is and is not a legal heir. In some instances, unknown heirs, such as children outside the marriage, may show up seeking an inheritance. Staubus, Blankenship, Legere and Walker PLLC understands the laws concerning heirship determination and may litigate if necessary to protect your interests.

Contact Staubus, Blankenship, Legere and Walker PLLC Today for Help with Estate Disputes

For years, the estate litigation attorneys at Staubus, Blankenship, Legere and Walker PLLC have helped Rowlett clients to protect their families, safeguard their assets, and defend their rights with superb legal representation in a wide range of matters. Our attorneys are ready and able to provide you with the legal support you need to resolve your estate dispute efficiently and effectively. Contact Staubus, Blankenship, Legere and Walker PLLC today at (214) 833-0100 to schedule a consultation.

If you need to file a lawsuit due to a dispute with the executor of the estate, a beneficiary, or another party, do not hesitate to contact Staubus, Blankenship, Legere and Walker PLLC. We could represent you whether you’re contesting a will or holding the estate’s administrator liable for breaching their fiduciary duty.

Losing a loved one can be emotional and overwhelming. If you’re responsible for settling their estate or planning their funeral, you are already under enormous stress. Piling on a legal dispute might seem like too much to handle.

Despite wanting to take the time to grieve your loss, you must focus on seeking legal action. Administering the estate is a common battle among family members. You might believe an heir doesn’t rightfully deserve a specific asset or that someone coerced your loved one into executing the will. Any disagreement can delay the probate process and require the court’s involvement to resolve the issue.

At Staubus, Blankenship, Legere and Walker PLLC, our Wylie estate litigation lawyers have more than 100 years of combined legal experience. We know how to take on matters dealing with estates and create a strategy to meet our client’s needs. When you hire us, our lawyers will fight to protect your interests and try to reach the best possible outcome.

Call Staubus, Blankenship, Legere and Walker PLLC to schedule a consultation at (214) 833-0100 today.

Why Choose Staubus, Blankenship, Legere and Walker PLLC?

If you don’t seek legal representation, you’ll be unlikely to succeed in your case. Pursuing a lawsuit for estate-related matters is complex. The process requires following various steps and gathering valuable evidence. You might make a mistake that negatively affects the judge’s ruling if you don’t know what you’re doing.

Facing a range of complications is common when a family member dies and leaves behind instructions in their will. The administrator or executor could mismanage your loved one’s final affairs or take advantage of their authority for personal gain. You should not face them alone in court. Staubus, Blankenship, Legere and Walker PLLC can be the advocate you need during this devastating time in your life.

The Wylie estate litigation lawyers of Staubus, Blankenship, Legere and Walker PLLC understand the sensitive nature of a case like this. We are compassionate and supportive when clients come to us with an estate dispute. You can count on us to advise you about the available legal options and provide guidance during every step of legal proceedings.

Estate Litigation Cases We Handle

At Staubus, Blankenship, Legere and Walker PLLC, we represent clients in a range of estate litigation cases. The most common matters we take are listed below.

Contest the Validity of a Will

Any interested party, such as a devisee, heir, or someone else with rights to property in the estate, can challenge a will’s validity. To pursue this type of case, you must have grounds, such as:

• Fraud
• Revocation
• Lack of testamentary capacity
• Improper execution
• Undue influence
• Mistake

Beneficiary and Heir Disputes

Grieving is a normal process after someone’s death. However, if your family member has a will, you must enter it into probate so the court can determine its validity and authorize the distribution of assets.

You could pursue legal action if you believe the wrong person received property or there was a mistake in the drafting of the will. Staubus, Blankenship, Legere and Walker PLLC could file a kinship dispute to prove your relationship with the deceased. We will fight to recover the assets you are entitled to so you can settle the estate and move forward with your life.

Creditor Claims

If someone owes money when they die, the creditor could go after the estate to pay off the debt. This process could delay probate and prevent the executor from using the assets to pay estate taxes or distribute property to the beneficiaries.

Staubus, Blankenship, Legere and Walker PLLC represents administrators, beneficiaries, and executors against claims made by creditors. We can determine whether the creditor made an error in calculating the amount of debt owed by your family member and move the proceedings along so you can settle this matter promptly.

Breach of Fiduciary Duty

The executor or administrator of an estate or trustee of a trust owes a fiduciary duty to the beneficiaries. They must protect the grantor’s final wishes and fulfill all obligations while administering the estate.

A trustee, administrator, or executor breaches their fiduciary duty when they place their own interests above the interests of named beneficiaries. The most common types of breach of fiduciary duty include:

• Misappropriating assets in the trust or estate
• Participating in fraudulent activity
• Withholding the property from beneficiaries and heirs
• Commingling personal funds with estate funds
• Using assets for personal gain
• Failing to advise beneficiaries about relevant information regarding the trust or estate
• Delaying administration of the estate
• Failing to take reasonable steps in taking, preserving, or controlling the assets held in trust

At Staubus, Blankenship, Legere and Walker PLLC, our estate litigation lawyers in Wylie, TX, also handle cases involving issues such as:

• Estate accounting
• Formal accounting
• Executor misconduct
• Conservatorship disputes
• Personal representative appointment
• Will distribution claims
• Guardianship disputes
• Executor fee claims

Frequently Asked Questions

Staubus, Blankenship, Legere and Walker PLLC wants you to feel prepared when you pursue an estate litigation case. Below are the most common questions we receive from our clients. You should review them thoroughly, so you understand your rights. We can answer any question you have during your consultation.

Who can legally contest the validity of a will?

Only an interested person can challenge a will in Texas. An interested person includes:

• Heir
• Devisee
• Creditor
• Spouse
• Any other person with a claim against the estate or rights to estate administration

How much time do I have to contest a will?

In Texas, there is a statute of limitations to contest a will. The statute of limitations allows a two-year timeframe to file a lawsuit from the date the will enters probate. However, filing suit before probate starts is a better option. Since a judge validates a will during the probate process, contesting it before that could benefit your case.

Can I seek compensation for my litigation expenses?

You could pursue compensation for various costs if you are the personal representative of the estate. Texas Estate Code 352.051 allows the recovery of compensation for reasonable and necessary expenses related to:

• Collecting or attempting to collect debts or claims
• Trying to recover or recovering property with a claim or title by the estate
• Preserving, safekeeping, and managing the estate

Contact Us

Staubus, Blankenship, Legere and Walker PLLC has a track record of success and multiple awards from prestigious organizations like Super Lawyers. We also hold an AV® rating from Martindale-Hubbell, the highest possible rating.

Since 1992, our Wylie estate litigation lawyers have fought on behalf of our clients. We strive to provide quality legal representation to people in need. You will be our priority from the moment you hire us, and you’ll receive dependable and aggressive estate litigation services.

If you face an estate administration dispute, call Staubus, Blankenship, Legere and Walker PLLC at [phone-number to schedule a consultation or reach out to us online.

Estate litigation covers a variety of circumstances. Whether you’re the executor of someone’s estate, a beneficiary, a trustee of someone’s trust, or hold some other position regarding the estate of another person, you might need the help of an experienced, knowledgeable estate litigation attorney.

With more than 100 years of collective experience, the Sachse estate litigation lawyers of Staubus, Blankenship, Legere and Walker PLLC have the extensive knowledge, skills, and resources necessary to handle your estate matter, and we’ll work diligently to help you achieve your goals in the most economical manner possible.

Whatever your needs with regards to your estate or the situation you’re in, you can rely on our award-winning legal professionals to sit with you and carefully explain your rights and options. We are always available to answer your questions and concerns promptly as they arise. We’re proud to share the testimonials our satisfied clients have given us.

Call Staubus, Blankenship, Legere and Walker PLLC today at (214) 833-0100 or reach out through our online contact form to schedule an initial consultation concerning your matter. We will handle your case with the utmost confidentiality and integrity.

Areas of Practice

A top full-service estate litigation and planning practice, our law firm offers a comprehensive range of services to help you protect yourself, your assets, and your loved ones for the future, and we deliver effective, professional counsel and support to clients who have legal issues involving these and other estate litigation issues:

• Estate Litigation
• Estate administration
• Trust modifications
• Guardianships
• Will planning
• Will contests
• Probating wills
• Trust planning
• Trust Litigation
• Trust contest
• Trustee representation
• Trustee beneficiary representation
• Fiduciary litigation
• Power of attorney disputes
• Heirship determination
• Estate planning
• Inheritance rights

What Can We Do for You?

You worked hard your whole life to support yourself and your family, and you amassed a collection of valuable assets you want to pass on to your heirs and family members. You also have concerns about your potential health care needs in the future, particularly with regard to lifesaving and/or life-extending treatment when you are incapacitated. You may also have minor children, and you need to make sure that a trusted guardian will take care of them should the unthinkable happen to you while they are still young.

Here at Staubus, Blankenship, Legere and Walker PLLC, you will receive the personalized advice and counsel you can trust to help you make the tough but important decisions you need to make. You can also rely on us to be right there beside you each step of the way for assistance with any of the following matters:

Estate Planning

Comprehensive estate plans protect your and your assets from any future contingencies. A good estate plan will specify what you want to happen to any of your assets, which can include any of the following:

• Real estate, your home, and any land you may own
• Liquid cash and funds you have in your checking and savings accounts
• Investment and retirement funds
• Vehicles and other costly items
• Arts and collectibles
• Family heirlooms

Furthermore, those who have children under the age of 18 can use a will to establish guardianship for their kids should the parent die before the children reach the age of majority.

As part of your comprehensive estate plan, you may also create powers of attorney, health care directives, and other instruments that will specify your wishes and/or establish a person to make decisions on your behalf when you can no longer think or speak for yourself. These can include any of the following:

• Whether you want to be resuscitated or receive life-support treatments to save or extend your life
• Making important and necessary financial decisions on your behalf and/or paying creditors, utility companies, and others out of your accounts when you are no longer able to do so

Along with a will and other instruments, a person can also set up a trust. A trust can offer significant benefits over a will in certain areas. However, they can also be a lot more complex and expensive to set up. Our attorneys can walk you through the process of creating any type of estate planning instrument you need.

Estate Administration

During the planning of your estate, you will select an executor to handle your estate after your passing. At that time, the executor will be responsible for administering all aspects of the will in accordance with its terms and ultimately close your estate through probate.

Even with the best-designed and comprehensive estate plans, probate takes time, and it can be very frustrating to navigate the process if you are not familiar with the courts, the procedures, and the law.

The lawyers at Staubus, Blankenship, Legere and Walker PLLC have considerable familiarity with all aspects of the probate process, and we have the skills and resources to help you get through the process as efficiently as possible. Contact us today.

Estate Litigation

You hope everything will work out, and even though you will have to wade through probate and wait, you expect to wrap up all areas of your loved ones’ life and move on with your own. Unfortunately, you could discover a major issue with the will itself or with the person charged with administering your loved one’s estate.

Estate litigation is not uncommon and can result from any of the following issues:

• Executor misconduct and breach of fiduciary duty, either through incompetence and mistakes or through thievery and fraud
• Disputes among beneficiaries and heirs
• Will contests involving undue influence, lack of testamentary capacity, or other valid concerns
• Claims brought by creditors against the estate

Our lawyers have successfully handled hundreds of estate litigation matters inside and outside the courtroom, and you can count on us to advocate strongly for you when you need us to help protect your rights and the final wishes of your beloved family member. Contact us today.

Work with a Nationally Ranked Estate Planning and Estate Litigation Lawyer in Sachse, Texas

If you live in the Sachse area and wish to establish your final wishes for the future, or if you are the loved one or beneficiary of an estate and you have concerns about the will or the executor involved, you can reach out to the attorneys at Staubus, Blankenship, Legere and Walker PLLC for help. Our lawyers have the extensive experience you need in all areas of estate planning and litigation, and we have achieved a remarkable rate of success protecting the rights, entitlements, and wishes of our clients.

Call Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 or reach out through our website’s online contact form to schedule a consultation concerning your needs. We’re here to help.

If you are currently in the process of planning what will happen to your estate after you pass, or if you are in the midst of disputes about the will of a loved one, you need an attorney with extensive experience dealing with these matters. The seasoned litigators at Staubus, Blankenship, Legere and Walker PLLC have the knowledge and skill necessary to give you the guidance you require in estate planning, so that you can protect your assets and secure the future of the people you care about.

The legal team at Staubus, Blankenship, Legere and Walker PLLC is also well-equipped to provide you with representation during any disputes regarding wills, guardianships, and trusts. Furthermore, our services also include providing advice to executors, trustees, and beneficiaries of wills so that they can be empowered with the knowledge of their rights and duties.

We invite you to contact the experienced litigation team at Staubus, Blankenship, Legere and Walker PLLC to schedule a consultation. Call us today at (214) 833-0100, and we will give you a frank and clear overview of what your options are. We look forward to assisting you. If you have pressing questions about your case, feel free to contact us today.

Who We Are

The Murphy estate planners and probate litigation attorneys of Staubus, Blankenship, Legere and Walker PLLC are proud to provide our clients with excellent legal representation in matters of estate planning and asset protection, as well as probate, trust, and guardianship litigation. We have had decades of success helping people protect their rights during estate and trust disputes.

We dedicate our professional practice to matters involving estates and the probate process. Our focus on this area of the law allows us to deftly handle not only straightforward estate and probate matters that are uncontested but also high-stakes estate, guardianship, and trust conflicts and lawsuits.

Our decades of practice have allowed us to fine-tune our innovative estate planning techniques to help you minimize the impact of income, gift, estate, and generation-skipping taxes. We also have the knowledge, skill, and experience necessary to handle asset protection planning for individuals and families, as well as succession planning for closely-held businesses. Our record of success demonstrates why so many people have turned to Staubus, Blankenship, Legere and Walker PLLC when they want to protect their assets from the risk of loss. Contact us today.

Practice Areas

The Murphy attorneys of Staubus, Blankenship, Legere and Walker PLLC have experience dealing with all areas of estate, trust, guardianship, and probate law. A few of the specific types of cases we handle include the following:

• Estate Litigation
• Will Contests
• Guardianships
• Trust Litigation
• Fiduciary Litigation
• Probating Wills
• Estate Administration
• Trust Modification
• Trustee Representation
• Trust Beneficiary Representation
• Power of Attorney Disputes
• Heirship Determination
• Estate Planning
• Probate of Wills
• Inheritance Rights
• Trust Contests
• Will Planning
• Trust Planning

What Is Probate Litigation?

Probate is the name of the legal process that governs the distribution of a person’s assets after they have passed. After the decedent’s debts are paid off, the remaining assets can be distributed to the beneficiaries of the will or to the heirs-at-law if no will exists. Depending on the particular circumstances, the process can be straightforward or controversial. If there are disagreements among beneficiaries, fiduciaries, or heirs-at-law, probate litigation may occur. Contact us today.

Probate lawsuits often occur in the following situations:

• When there are questions or doubts about the legal meanings and effects of certain aspects of the will
• When there are concerns about the validity of the will
• When there is a belief that the will’s executors or administrators are not correctly fulfilling their fiduciary responsibilities
• When there is a dispute about pay on death or right of survivorship designations
• When there are disputes about the validity of designations of retirement benefits
• When there are disputes about the validity of designations of life insurance beneficiaries
• When there are disputes about the identity of heirs-at-law (such as claims of illegitimate children)
• When there are disputes about community property issues
• When there is a claim of common law marriage
• When a creditor files a claim against the estate

Some law firms may claim to have the capacity to handle these types of cases, but they may not deal with probate matters frequently enough to have the experience or skills necessary to help clients when cases involve conflict or complex litigation. The experienced attorneys at Staubus, Blankenship, Legere and Walker PLLC frequently handle all types of probate disputes in and out of the courtroom.

Why Choose Staubus, Blankenship, Legere and Walker PLLC?

The highly experienced estate litigators and estate planners at Staubus, Blankenship, Legere and Walker PLLC focus solely on matters relating to estate planning, probate, guardianships, and trusts. Our attorneys have a combined total of over 100 years of legal experience, and we bring our resources and finely-tuned skills to each case we handle. We are proud to offer the benefits of a large firm in a boutique atmosphere by personalizing our service to each of our clients. This is one of the reasons why Martindale Hubbell, a prominent law firm rating service, has given us the highest possible AV rating.

Find out exactly what Staubus, Blankenship, Legere and Walker PLLC can offer you by scheduling a confidential consultation. We will ask you about your situation and concerns, and we will give you a clear idea of what your options are. Contact us today.

What Should I Expect?

The Murphy estate planners and estate litigators at Staubus, Blankenship, Legere and Walker PLLC are passionate about protecting your best interests. We will want to find out the details of your circumstances, and we will want to see specific documentation so that we are best equipped to help you. The documents we will want to see may include:

• List of assets you own
• Bank account statements
• Retirement and investment account statements
• Business formation documents
• Estate planning documents (e.g., wills, powers of attorney, trusts)
• Death certificate (if applicable)

Once we get to know you, your financial situation, and your family, we will create a proposal so that you can consider what steps you want to take. We will then agree on a plan, which we will implement on your behalf.

Contact Staubus, Blankenship, Legere and Walker PLLC Today

Estate planning and probate litigation are important matters that require the utmost care. The experienced Murphy estate planners and estate litigators of Staubus, Blankenship, Legere and Walker PLLC are dedicated to serving our clients and treating them with the respect that we would expect our own family members to receive. Contact us today to schedule a consultation by calling (214) 833-0100. We look forward to getting to work for you.

Ensuring your estate is in order is one of the best ways to take care of your loved ones. Estate planning can be a complicated process, so hiring a knowledgeable lawyer is essential.

The legal team at Staubus, Blankenship, Legere and Walker PLLC has the necessary experience, and skill Texans require to guide them through legal disputes about wills, trusts, and guardianships. Our seasoned litigators can also help review your circumstances and provide advice about the legal deadlines you’ll need to meet. We can also create estate plans to ensure your assets are distributed to bolster your heirs’ financial security. We are also equipped to provide advice about the rights and duties of executors, trustees, and beneficiaries.

Contact Staubus, Blankenship, Legere and Walker PLLC today at (214) 833-0100 to schedule a consultation if you have questions or concerns about estate-related issues. We are happy to talk you through your options.

Putting our Decades of Experience to Work for You

The Parker estate and probate litigation attorneys of Staubus, Blankenship, Legere and Walker PLLC have decades of combined experience assisting Texans in planning their estates and protecting their assets. We also represent clients for litigation involving probate, guardianship, and trusts. Over the course of many years of practicing in Texas probate courts, we have honed our knowledge and skills to allow us to handle all types of estate litigation. This ranges from straightforward, uncontested probate situations to high-stakes lawsuits involving estates, trusts, and guardianships.

The skills we have developed can help you understand how to plan your estate while minimizing the tax implications. Our services also include asset protection planning for high net-worth individuals, professionals, and families and succession planning for closely-held businesses.

We regularly represent clients in the following areas:

• Estate Litigation
• Will Contests
• Guardianships
• Trust Litigation
• Fiduciary Litigation
• Probating Wills
• Estate Administration
• Trust Modification
• Trustee Representation
• Trust Beneficiary Representation
• Power of Attorney Disputes
• Heirship Determination
• Estate Planning
• Probate of Wills
• Inheritance Rights
• Trust Contest
• Will Planning
• Trust Planning

Why Choose Staubus, Blankenship, Legere and Walker PLLC?

The highly experienced estate planners and litigators of Staubus, Blankenship, Legere and Walker PLLC have over 100 years of combined experience practicing in the areas of estate planning, trusts, guardianship, and probate. We focus exclusively on these areas of the law, so we can have a results-oriented approach to each case. The specific skills we have compiled throughout the years work to benefit every case we take on.

We are proud to offer the extensive resources of a large legal firm but are also committed to providing the kind of individualized, personal experience you would receive from a boutique legal team. For our client’s convenience, our firm also serves Dallas, Plano, and Richardson in addition to Parker.

We have earned the highest possible AV rating from Martindale Hubble, the prominent law firm rating service, as a further testament to our abilities.

If you would like to find out more about what services our firm can provide for your specific situation, don’t hesitate to schedule a consultation where we can learn more about the nuances of your individual case.

What Should I Expect When Working with Staubus, Blankenship, Legere and Walker PLLC?

At Staubus, Blankenship, Legere and Walker PLLC, our main priority is to work on behalf of your best interests. For this reason, we will need specific information and documentation related to your circumstances. This will include becoming familiar with you and your family, as well as with the details of your financial situation, which will allow us to know which options are available to explore on your behalf.

Some of the documents we may ask you to provide during an estate planning or probate process include:

• List of assets you own (include real estate, vehicles, personal property)
• Bank account statements
• Investment and retirement account statements
• Business formation documents
• Estate planning documents (powers of attorney, wills, trusts, etc.)
• Death certificate (if applicable)

After we have considered all the variables of your case, we will be able to create a proposal that will make it possible for you to decide which steps you would like to take. We’ll work together with you to formulate a concrete plan. Then, we will put that plan into action so that you can have the assurance your goals can be met.

Some situations are complicated and involve disputes. If this is the case, we will do all we can to resolve the situation via reconciliation or mediation. If a lawsuit is the only way forward, we will aggressively represent you to protect your best interests.

What is Probate Litigation?

Probate is the legal term for the process of distributing a deceased person’s assets. The priority is to pay off any debts and then distribute the remaining assets to the beneficiaries according to the will of the decedent. In the event that no will was provided, the assets will be distributed to the heirs at law. Many probates are fairly simple, but they can sometimes instigate disagreements. If this leads to one of the parties filing a lawsuit, probate litigation is necessary.

Lawsuits can occur in the following circumstances:

• Questions about the legal meanings and effects of a will’s statements
• Concerns about the validity of the will
• Belief that the will’s executors or administrators have failed to fulfill their responsibilities
• Disputes about the right of survivorship or pay on death designations
• Disputes concerning the validity of retirement benefits designations
• Disputes over validity of life insurance beneficiary designations
• Disputes about the identity of heirs-at-law (including claims of illegitimate children)
• Disputes about community property issues
• Claims of common law marriage
• Creditors filing claims against the estate

Contact a Parker Estate, Trust, and Guardianship Legal Team Today

Whether your estate circumstances are straightforward or more complex, the experienced estate planners and probate litigators at Staubus, Blankenship, Legere and Walker PLLC are ready to help you. We will put all of our resources, knowledge, and experience to work, ensuring the process ends in a favorable outcome for you and your family. Our skilled lawyers are armed with integrity and compassion, and we will help you navigate the most appropriate legal course for your situation.

If you would like more information about how our legal team can help you, contact us today at (214) 833-0100 and schedule a consultation.

If you face a dispute with an heir, executor, or another party involved in your family member’s estate administration, contact Staubus, Blankenship, Legere and Walker PLLC immediately. We might be able to represent you in your case and resolve the issues you encountered.

Losing someone you love puts you on an emotional roller coaster. Unfortunately, you could also face legal challenges while handling their estate. Although you want to grieve your loss, you may be responsible for managing financial matters and other circumstances while settling your family member’s estate, or you could have discovered some errors in the way the estate has been handled. It can be stressful to deal with, especially if a dispute arises within the family.

A person’s death can create problems between members of the family. The distribution of assets is often a contentious situation. A relative might believe they’re entitled to specific property instead of someone else, or an heir could pursue legal action if they’re not in the will. There can also be disagreements over how the executor of the estate handled their responsibilities.

You can count on Staubus, Blankenship, Legere and Walker PLLC to provide the representation you need during this stressful time in your life. With over 100 years of combined experience, our Forney estate litigation lawyers know how to resolve matters regarding estate administration.

Call us at (214) 833-0100 to schedule a consultation, or reach out to us online today.

Why Choose Staubus, Blankenship, Legere and Walker PLLC?

Moving forward with litigation without assistance from an experienced attorney could negatively impact your case. Estate litigation is complicated to navigate if you don’t understand state laws and procedures. You could end up without the property you’re entitled to if you make an error while administering your relative’s estate.

Many people face a range of obstacles after a loved one’s death. If the executor or administrator mismanages the estate, you could pursue legal action. Staubus, Blankenship, Legere and Walker PLLC will protect your rights and remain in your corner throughout court proceedings. You can depend on us to be your advocate and protect your rights.

At Staubus, Blankenship, Legere and Walker PLLC, our estate litigation lawyers in Forney, TX, know how to represent clients in their estate-related matters successfully. Anyone with contested interests in a deceased person’s estate could face a contentious courtroom battle. You need a knowledgeable attorney to guide you through will contests, property distribution, breach of fiduciary duty, or another issue involved in your case.

Cases Staubus, Blankenship, Legere and Walker PLLC Handles

Staubus, Blankenship, Legere and Walker PLLC could represent you in any case associated with estate litigation. The most common are below.

Claims by Creditors

Creditors could pursue a collections action against your loved one’s estate if they owed money when they died. The creditor could decide to file a claim to recover a portion of the estate to pay off the owed debt. This can significantly delay the probate process, preventing the surviving family from receiving assets left to them.

Staubus, Blankenship, Legere and Walker PLLC has experience representing beneficiaries, executors, and administrators in creditor claims. We can protect your rights and interests while determining how to pay off the collections agency.

Breach of Fiduciary Duty

An administrator, trustee, or executor of a deceased person’s estate is responsible for administering the estate while fulfilling their fiduciary duties. This person must base decisions on the deceased’s wishes and transfer specific assets to the named beneficiaries according to the will or trust documents.

When the trustee, executor, or administrator places their interests over the interests of others during the administration of an estate, they are in breach of their fiduciary duty. Common examples include:

• Combining personal funds and estate funds
• Distributing assets to themselves instead of an heir or beneficiary
• Ignoring deadlines regarding time-sensitive matters during estate administration.

Will Contests

Grieving is necessary after a loss. However, if your loved one has an estate, you must focus your time and attention on going through probate to determine whether the will is valid. If you believe a mistake occurred during the execution of the will or your relative left property to the wrong person, you could challenge the validity in court.

You could contest a will’s validity if you’re an interested person, such as an heir, devisee, or a person with property rights in an estate. One of the grounds below must exist for you to be eligible to pursue this type of claim:

• Revocation
• Undue influence
• Fraud
• Mistake
• Improper execution
• Lack of testamentary capacity

Heir and Beneficiary Disputes

Death is often shocking and unexpected. Even if you knew your loved one was ill, their death could still take you by surprise. It’s challenging to prepare for the inevitable no matter what you do. If you’ve been omitted from the will and believe you should have been one of the beneficiaries, Staubus, Blankenship, Legere and Walker PLLC could file a kinship dispute on your behalf and gather the necessary evidence. You must prove you had a relationship with the deceased to receive the assets you believe you’re entitled to.

Other Disputes

Our Forney estate litigation lawyers also know how to handle matters involving:

• Formal accounting
• Conservatorship disputes
• Executor fee claims
• Estate accounting
• Guardianship disputes
• Will distribution claims
• Executor misconduct
• Personal representative appointment

Frequently Asked Questions

You must follow specific procedures and deadlines while pursuing an estate case. Staubus, Blankenship, Legere and Walker PLLC wants you to understand your legal rights and the obstacles you could encounter. We’ve answered some of the most commonly asked questions below, so you’ll have an idea about how to navigate an estate litigation matter.

Do I have to go through mediation?

The judge might order you to resolve your dispute through mediation before you file a lawsuit. However, mediation is also optional in other scenarios. Settling your legal matter outside of court might be beneficial.

During mediation, a mediator facilitates arrangements between opposing parties. They can communicate relevant information, suggest solutions to the issue, and oversee the execution of an agreement.

Is there a deadline to contest a will?

Yes. You must file your lawsuit within two years of the date the will enters probate. However, it’s often better to challenge the validity of a will before the probate process begins. Since probate involves a judge validating a will, you could benefit from pursuing legal action before that happens. Our team has the experience you need.

Can I get money from the estate for litigating an estate matter?

If you’re the personal representative of the deceased’s estate, you could recoup the cost of hiring an attorney. According to Texas Estate Code 352.051, you could receive compensation for the necessary and reasonable expenses associated with:

• Managing, preserving, and safekeeping the estate
• Attempting to collect or collecting claims or debts
• Recovering or trying to recover property with a title or claim by the estate

Contact Us

Whether there’s a dispute involving your loved one’s estate or another issue, you should contact Staubus, Blankenship, Legere and Walker PLLC immediately to discuss your legal options. Call us at (214) 833-0100, or contact us online now to schedule a consultation with one of our estate litigation lawyers in Forney, TX.