Mourning the loss of a loved one is incredibly difficult. When disputes arise with their estate, it only makes it more stressful.
If you have an estate-related dispute, the Staubus, Blankenship, Legere and Walker PLLC estate litigation lawyers in Mesquite, TX, can help. Call us today at (214) 833-0100 to schedule a consultation.
Estate Litigation Cases We Handle
At Staubus, Blankenship, Legere and Walker PLLC, we help clients with their estate planning and represent them in disputes over estates in which they have an interest. The team of attorneys at Staubus, Blankenship, Legere and Walker PLLC is highly skilled in handling various estate cases, some of which are explained below.
Disputes Between Beneficiaries
Beneficiaries that are named in wills can have competing interests. For example, a beneficiary may believe that they have a right to certain assets or property that their deceased loved one didn’t grant to them in their will. Beneficiaries can seek legal recourse to resolve their disputes.
Rights of Creditors to Recoup Debts They Are Owed
When a testator (someone who creates a will) dies, their debts don’t just pass with them. A creditor may still have a right to recover their debts through the testator’s estate when they die.
After a will is probated, the executor of the estate starts distributing the deceased person’s assets and property. If the deceased person had debts that were still owed to creditors, those creditors can petition the court to force the estate to pay the creditors what they’re owed before distributions are made to the beneficiaries of the estate.
Breach of Fiduciary Duty
Representatives and executors of estates, or trustees who oversee trusts, are in charge of managing and carrying out the duties assigned in the deceased person’s will or trust. This is a large responsibility and a role that requires honesty. The responsibility and ethical obligation of the administrators, executors, and trustees are known as their “fiduciary duty”.
If a beneficiary or other interested party to the estate has concerns about the actions of the executor or trustee, they can take legal action to remove them from managing the estate. If the breach included mismanagement or misappropriation of money or property, you may also be able to seek to recover money that may be owed to the estate.
Contesting a Will
As a person with interests in a deceased person’s estate, you can contest the validity of the will by filing a lawsuit. You have to be eligible to contest a will and need to have legal grounds on which to bring their lawsuit. You can contest a will on the following grounds:
- Revocation – A testator can void a will by creating a new will or making changes to an existing will. This is known as a revocation. A beneficiary can contest the revocation of their interests in the testator’s estate.
- Undue Influence – A will is supposed to represent the wishes and interests of the testator. If a testator is coerced into making certain decisions regarding their will and the distribution of their estate, then the will or a specific detail contained in the will could be determined to be invalid. A beneficiary or interested party who suspects that a testator was the victim of undue influence can contest the validity of the will by filing a lawsuit.
- Fraud – Similar to undue influence, fraud can be an issue in the drafting or execution of a will if someone misrepresents information to the testator, and that information influences the decisions they make regarding their estate. If you believe this may have occurred, you can contest the will.
- Testamentary Capacity – A testator has to be mentally fit when they write their will. If they are mentally incapacitated and can’t make informed decisions regarding their estate, they lack the required testamentary capacity to validate the will. This issue could be contested in court.
- Illegitimate Execution – To create a valid will, the testator is required to write or print the will and sign it in the presence of two witnesses. The witnesses also have to sign it. If any of these steps were not taken, then the validity of the will can be contested.
If you have a pressing question about an estate matter, reach out to us today.
Commonly Asked Questions
Estate planning isn’t something many people have experience with until they feel the time comes for them to consider what happens to their assets when they die. When estate issues arise, it’s common to have questions about what to do. When you hire an estate litigation attorney from Staubus, Blankenship, Legere and Walker PLLC, we’ll answer any question you have and keep the communication lines open, so you know exactly what’s happening with your case.
Below, we’ve answered a few common questions that our clients have had.
Do I have to go to court to resolve my legal matter?
You may not have to go to court to resolve your legal matter.
In Texas, you may be able to go to mediation (a type of Alternative Dispute Resolution) to figure out a solution to your legal issue. Mediation is a more informal proceeding than a court hearing. A mediator, an impartial third party, facilitates discussions between you and the other parties. They aren’t decision-makers, but they help all parties communicate productively to negotiate an agreement on the outstanding legal issue.
If your issue can’t be resolved in mediation, you will likely need to go to court. Your case may need to be litigated in a trial, after which a judge or jury will decide on your legal matter.
How much time do I have to contest an estate issue?
If you have an estate dispute, you can file a lawsuit contesting it. But there is a time limit. The time frame within which you can take legal action is dictated by the statute of limitations. In Texas, the statute of limitations for contesting a will is two years from the date the will is validated by the probate court (a will has to be probated within four years of the death of the testator).
Contact the Staubus, Blankenship, Legere and Walker PLLC Estate Litigation Lawyers
If you’re concerned about your rights to the estate of a deceased person, you need an experienced estate litigation lawyer to represent you in a legal action to resolve the issue.
The Mesquite, TX estate litigation lawyers from Staubus, Blankenship, Legere and Walker PLLC have decades of experience handling estate disputes with the care they require and the legal skills needed to achieve the best outcome for our clients.
To discuss how we may be able to help you resolve your estate dispute, contact our estate litigation lawyers at (214) 833-0100 today. We have the experience you need.
If you’re unhappy with the way someone handles your family member’s estate administration or face a dispute with an executor, heir, or another party, do not hesitate to contact Staubus, Blankenship, Legere and Walker PLLC. We could represent you in your case to address your concerns and resolve problems with your loved one’s estate.
When you lose someone you love, you can face a range of emotions and legal challenges. You’re trying to grieve and cope with the loss while handling legal and financial matters. It can be overwhelming if you find yourself dealing with a disagreement within the family when you’re responsible for making funeral arrangements and settling the estate.
Unfortunately, someone’s death can lead to arguments between family members. Distributing the assets in an estate often causes contention if a relative believes they deserve specific property over another person or was left out of the will altogether. Additionally, someone might have a problem with the executor if they don’t fulfill their duties.
No matter what the issue is, you can depend on Staubus, Blankenship, Legere and Walker PLLC to handle it. We will provide you with the legal representation and guidance necessary to navigate the complex litigation process. With more than 100 years of combined legal experience, our estate litigation lawyers in Garland, TX, can resolve the legal matter so you can carry out your loved one’s wishes.
To schedule a consultation to learn more about what Staubus, Blankenship, Legere and Walker PLLC can do for you, call us today at (214) 833-0100.
Why Choose Staubus, Blankenship, Legere and Walker PLLC?
Estate litigation cases can be complicated to manage alone. Without the help of an experienced attorney, you face confusing laws and procedures. If you don’t know how to administer your family member’s estate correctly, you could end up without the assets you’re entitled to.
Many people face an uphill battle after the death of a loved one. If someone mismanages the estate, you’re forced to take legal action against them. At Staubus, Blankenship, Legere and Walker PLLC, we know how to protect our clients’ rights and fight for them in court. We will be your advocate and try to reach your desired outcome.
The Garland estate litigation lawyers of Staubus, Blankenship, Legere and Walker PLLC understand the implications of careless estate administration. A seemingly straightforward process can become an ugly courtroom battle if anyone with an interest in the estate has a case they want to pursue. Matters involving property distribution, breach of fiduciary duty, and will contests can divide a family and result in long-term conflicts.
Estate Litigation Cases Staubus, Blankenship, Legere and Walker PLLC Takes
Staubus, Blankenship, Legere and Walker PLLC represents clients in a range of cases involving estate litigation, including:
A person’s death can be a shock, especially if it’s unexpected and sudden. Although you might need to grieve, you also need to ensure that you receive the property your loved one left to you in their will. Unfortunately, there are times when someone forgets to update their estate plan and earmark certain assets for their intended heirs.
If you think there was a mistake during the execution or administration of an estate, you can pursue legal action. You must prove you had a relationship with the deceased through a kinship dispute. It can be a challenge to show evidence of your relationship but Staubus, Blankenship, Legere and Walker PLLC can help you prove your rights to the assets.
Creditor Claims
A creditor could come after your family member’s estate if they owed debts at the time of their death. If the creditor chooses to pursue a claim, you could experience significant delays in the distribution of assets.
At Staubus, Blankenship, Legere and Walker PLLC, our estate litigation lawyers in Garland, TX, know how to handle these types of claims. We can fight against the legal action and protect your rights as an administrator, beneficiary, or executor of the estate.
The trustee, administrator, or executor of an estate is responsible for fulfilling their fiduciary duty while administering someone else’s estate. They must make decisions based on the deceased’s wishes and distribute assets to named beneficiaries correctly and timely.
A breach of fiduciary duty occurs during estate administration when a person places their interests over the interests of the deceased and the named beneficiaries. Common examples of breach of fiduciary duty include:
- Transferring an asset to themselves instead of the appropriate beneficiary or heir
- Ignoring strict deadlines required for time-sensitive matters while administering the estate
- Commingling estate funds with personal funds
An interested person, such as a devisee, heir, or someone with property rights in an estate, can contest the validity of a will. You must use one of the grounds below as the basis for your claim:
Staubus, Blankenship, Legere and Walker PLLC can also represent you in cases that deal with:
Frequently Asked Questions
Estate litigation requires following the correct procedures to pursue legal action and resolve disputes you and your family face. At Staubus, Blankenship, Legere and Walker PLLC, we want to simplify the process. We have answered questions clients commonly ask so you can navigate the legal road ahead.
How long do I have to contest a will?
If you meet the requirements to contest the validity of a will, you must file a lawsuit by a strict deadline. You have two years from the date a will enters probate to initiate your case in probate court. The probate process involves a judge reviewing the will to determine its validity. Filing your lawsuit before the judge validates the will could benefit your case.
How does mediation work?
You could try to resolve a dispute during mediation. It’s an excellent alternative to litigating your case in court. Sometimes, a judge might require opposing parties to try to settle their issues during mediation before pursuing a lawsuit.
Mediation occurs outside a courtroom. A trained mediator facilitates conversations between the parties to reach an agreement. Mediators can’t make decisions for the opposing parties. They are there to analyze the problem, communicate information relevant to the case, and recommend possible solutions.
Can I seek compensation for attorney’s fees?
Texas Estate Code 352.051 allows the personal representative of an estate to recover reasonable attorney’s fees incurred during the management and proceedings of the estate and reasonable and necessary expenses related to:
- Collecting or attempting to collect debts or claims;
- Safekeeping, managing, and preserving the estate; and
- Recovering or trying to recover property the estate has a claim or title to.
Contact Us
If you face any disputes involving the administration of a family member’s estate or want to discuss another estate matter, contact Staubus, Blankenship, Legere and Walker PLLC right now. One of our Garland estate litigation lawyers can explore the available legal options during a consultation with you.
Call (214) 833-0100 today and let us handle your case so you can settle your loved one’s estate and move forward with your life.
Your legacy is the most important thing you leave behind. Estate planning lawyers are in the business of protecting and preserving your financial legacy, and the attorneys of Staubus, Blankenship, Legere and Walker PLLC in Allen, Texas are the best in the business. Our firm handles estate planning, administration, and litigation matters, ranging from will contests and trust disputes to asset protection and estate planning. Our experienced attorneys have gained a reputation for strong courtroom advocacy, but we’re just as strong when we advocate for your interests at the negotiating table and in the planning process.
Legal matters involving estates can be complex, confusing, consequential, and emotionally charged. They require thoughtful consideration, objective analysis, and wisdom that only comes with years of experience. That’s why you need an attorney like those at Staubus, Blankenship, Legere and Walker PLLC. With over 100 years of combined estate law expertise, our attorneys have helped individuals, families, heirs, executors, trustees, and many others through complicated and sensitive situations involving wills, estates, trusts, and guardianships. Call our office today at (214) 833-0100 to schedule a confidential consultation.
Why Choose Staubus, Blankenship, Legere and Walker PLLC?
With Staubus, Blankenship, Legere and Walker PLLC, you get the best of both worlds: a boutique law firm that’s small enough to provide attentive and personalized client services but experienced enough to handle the most complex and difficult estate litigation matters. We have received an AV Preeminent rating from Martindale-Hubbell, the highest possible rating given by the law firm rating authority. With more than a century of combined legal experience, you can rest assured that our team has the skills, knowledge, and strategies to pursue and represent your interests.
What to Expect When Working with Staubus, Blankenship, Legere and Walker PLLC
Our clients in Allen, Texas depend on us to manage and resolve estate litigation or other conflicts with care, creativity, and professionalism. That’s what you can expect when working with Staubus, Blankenship, Legere and Walker PLLC. From the moment you call our office, our team of experienced attorneys is committed to understanding and protecting your interests.
Typically, in our first confidential consultation, our attorneys will learn about you, your family, your assets and interests, and whatever conflicts or challenges you are facing. We will listen carefully so we can fully understand your situation and the options that may be available to you. We may ask additional questions to further refine our recommendations.
Next, we will present you with a proposal for how best to pursue your legal interests. Whenever possible, if it aligns with your interests, we will attempt to resolve any conflicts through mediation or out-of-court settlement. However, sometimes a lawsuit may be your only option or the one that best protects your interests. If that is the case, our attorneys are prepared to provide vigorous representation at every stage of litigation. In the courtroom, Staubus, Blankenship, Legere and Walker PLLC has gained a reputation as an aggressive litigation firm, with years of experience in these critical cases.
Types of Legal Services
Staubus, Blankenship, Legere and Walker PLLC handles a range of estate litigation and planning matters, including will contests, guardianships, trustee disputes, will probates, and estate planning.
- Estate Litigation. Litigation refers to the process of settling disputes through the court system. Estate litigation occurs when, after a person passes, disagreements arise over how their estate and assets are divided or administered. This can be a highly emotional situation, pitting family members and loved ones against one another. The stakes are even higher if the value of the estate and assets in dispute are substantial. An experienced and objective attorney, like those at Staubus, Blankenship, Legere and Walker PLLC, can advise you on the law, advocate for your interests, and represent you in negotiations, mediations, and if necessary, at trial.
- Will Contests. A will is a legal document that states your wishes for the distribution of your estate, including who will manage that distribution (the executor) and the division of your assets. For individuals with young children, a will may also designate legal guardians for their children and detail how the children will be cared for and provided for. According to Texas state law, after an individual’s passing, anyone with a financial interest in their estate can contest the will, but they must do so within two years. A will may be contested for several reasons, such as lack of proper signature or witnesses, evidence of undue influence, revocation of the will in question, or evidence of fraud.
- Trust Disputes. A trust is a fiduciary arrangement in which you give a third party (a trustee) authority to administer assets on behalf of a beneficiary or multiple beneficiaries. Issues can arise if the trustee does not fulfill their fiduciary responsibility. For example, the trustee may use the assets in the trust for their own benefit, or neglect some of their trustee duties. Disputes can also arise between beneficiaries. Staubus, Blankenship, Legere and Walker PLLC represents both trustees and beneficiaries to ensure the intentions of the settlor (the individual who established the trust) are fulfilled.
- Will Probate. Probate is the legal process in which the court determines that a will is valid. It is then administered by the executor. Staubus, Blankenship, Legere and Walker PLLC represents clients in both contested and uncontested probate proceedings.
- Guardianship. When a person is incapacitated or under a legal disability, it may be necessary to have a guardian appointed for them. The court may appoint a guardian to manage their assets and finances, medical treatment, living conditions, and other major responsibilities. Staubus, Blankenship, Legere and Walker PLLC provides empathetic representation for individuals and families facing these difficult situations.
- Estate and Trust Administration. Administering an estate or trust can be a complicated task, especially for individuals who are unfamiliar with trust and estate law. Staubus, Blankenship, Legere and Walker PLLC assists executors and trustees with responsibilities, such as managing debts, filing tax returns, maintaining proper records, and distributing assets.
- Estate Planning. Staubus, Blankenship, Legere and Walker PLLC complements our strong litigation services with sophisticated estate planning. Creating a good estate plan can prevent years of disagreement or confusion among your heirs. Our estate planning attorneys can help fashion a thorough plan that takes full account of your assets, your family’s needs, and your goals and interests.
Contact Staubus, Blankenship, Legere and Walker PLLC Today
Your estate is your financial legacy. To ensure it is protected and preserved for your heirs and beneficiaries, you need a professional advisor with the experience necessary to plan, pursue, and defend your interests. Staubus, Blankenship, Legere and Walker PLLC has been helping clients in Allen, Texas for years with a range of estate matters.
Call Staubus, Blankenship, Legere and Walker PLLC today at (214) 833-0100 for a confidential consultation.
If you’re not satisfied with how someone handled your loved one’s estate or are facing a family dispute, contact Staubus, Blankenship, Legere and Walker PLLC immediately. We might be able to represent you and resolve the issue with the administrator, executor, or relative.
You face a range of challenges when you lose someone you love. You not only have to grieve their death but also deal with the responsibility of their financial and legal matters. Between making arrangements for their funeral and managing the distribution of their estate, you don’t want to find yourself in the middle of a contentious battle with family.
Unfortunately, many people experience challenges while distributing a loved one’s estate following their death. You might have been left out of the will, or another relative believes they should receive an asset that wasn’t left to them. Additionally, issues with the executor or administrator of the estate could arise if they didn’t meet their obligations.
Whether the matter is big or small, you should have an experienced legal team by your side to provide the legal representation necessary to handle the litigation process. Our McKinney estate litigation lawyers have more than 100 years of combined experience representing clients in cases involving complex estate matters.
Call Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 today to schedule a consultation and learn more about your legal options when facing an issue with your loved one’s estate.
Why Hire Staubus, Blankenship, Legere and Walker PLLC?
Handling estate issues can be a complicated and confusing process. If you don’t know your rights or the state laws that apply while administering your loved one’s estate, you could walk away without the assets you rightfully deserve. Going through estate litigation without a legal team in your corner to walk you through each step can present challenges you don’t know how to handle.
You will likely face an uphill battle while pursuing a case against the person responsible for mismanaging your deceased relative’s estate. You need an experienced estate litigation lawyer in McKinney, TX, from Staubus, Blankenship, Legere and Walker PLLC to be your advocate and complete every step of the process on your behalf.
At Staubus, Blankenship, Legere and Walker PLLC, we know administering a loved one’s estate can turn ugly if any surviving family members have an issue. Disputes regarding a breach of fiduciary duty, the distribution of property, or another problem can lead to a legal battle that divides the family. You should contact us if you need to take your case to court, so we can advise you about the available options.
Common Disputes Staubus, Blankenship, Legere and Walker PLLC Can Handle
The McKinney estate litigation lawyers of Staubus, Blankenship, Legere and Walker PLLC can represent clients in various types of estate litigation cases, such as:
You can challenge a will if you believe it’s invalid. You must base your case on one of these grounds:
Claim Pursued by a Creditor
If your loved one owed debts when they died, creditors could come after the estate for payment. Unfortunately, if a credit pursues a claim, it could delay the process of distributing assets to beneficiaries and heirs. You should enlist the help of an estate litigation lawyer in McKinney from Staubus, Blankenship, Legere and Walker PLLC to fight against the claims made by the creditor if you’re a named beneficiary, administrator, or executor.
The administrator, executor, or trustee of an estate must uphold their fiduciary duty while handling a deceased person’s estate. They should base their decisions on the deceased’s final wishes as set forth in the legal documents and distribute assets to all named beneficiaries.
Breach of fiduciary duty happens when an individual involved in administering the estate acts in their personal interests instead of acting in the interests of the deceased and their beneficiaries. The most common types of breach of fiduciary duty are:
- Ignoring deadlines while handling time-sensitive issues regarding estate administration
- Commingling personal funds and estate funds
- Receiving an asset instead of distributing it to the heir or beneficiary
You can face a range of emotions when someone you love dies. Their death might have been shocking and unexpected. Although you’re grieving, you need to take steps to receive the assets that are rightfully yours. However, you could discover your loved one didn’t leave anything behind for you.
If you believe you deserve a specific asset from their estate, you could pursue a case in court. You must show proof of your relationship with the deceased. Unfortunately, that can be a challenging task. Staubus, Blankenship, Legere and Walker PLLC could represent you in a kinship dispute and gather the available evidence to prove you have rights to a particular asset.
Our McKinney estate litigation lawyers can also handle estate litigation cases involving:
Frequently Asked Questions Regarding McKinney Estate Litigation
Estate litigation is a complex legal matter. You probably have questions about the steps you need to take to resolve a dispute within the family. Staubus, Blankenship, Legere and Walker PLLC has answered the most common questions clients ask us below. You should review them to better understand how the process works, so you feel prepared. You can also call us at (214) 833-0100 to schedule a consultation.
Is there a deadline to challenge the validity of a will?
If you believe your loved one’s will is invalid, you could contest it. If probate has already started, you must file your lawsuit within two years from the date the will entered probate. However, you could file before the probate process begins. Since probate involves a judge validating a will, pursuing legal action before then could help your case.
Can I recover compensation for attorney’s fees?
According to Texas Estate Code 352.051, the administrator or executor of an estate can receive compensation for reasonable and necessary expenses incurred during probate litigation.
Can I settle the dispute in mediation?
If you want to avoid taking your case to court, you could try to resolve the issue during mediation. Some judges even require it before you can pursue a lawsuit. Your estate litigation lawyer in McKinney, TX, from Staubus, Blankenship, Legere and Walker PLLC can assist you with mediation proceedings to try to reach your desired outcome.
Contact Staubus, Blankenship, Legere and Walker PLLC
If you encountered issues with your loved one’s estate, do not hesitate to contact one of the dedicated and trusted McKinney estate litigation lawyers from Staubus, Blankenship, Legere and Walker PLLC. Whether you’re a beneficiary, heir, administrator, executor, or family member, you can depend on us to fight for you.
Call (214) 833-0100 right now to schedule a consultation.
If you want to pursue legal action for the mismanagement of your loved one’s estate after they passed away, do not hesitate to contact Staubus, Blankenship, Legere and Walker PLLC. Our legal team is ready to represent you in your case to resolve the issue you have with the administration or distribution of the estate plan your loved one created.
Unfortunately, settling someone’s estate upon their death doesn’t always go as smoothly as planned. Even if your relative created all the necessary documents, such as a will, a family member might wish to challenge the way the estate was handled or paid out. You might have to go to court to ensure proper distribution of the assets or resolve a dispute that arises.
At Staubus, Blankenship, Legere and Walker PLLC, our Richardson estate litigation lawyers have over 100 years of combined experience in estate matters. Whether you are the administrator, beneficiary, executor, heir, or relative of the deceased, it is your right to challenge the administration of the estate if you believe someone didn’t handle it correctly.
For a confidential consultation to learn more about what we can do to help you, call us at (214) 833-0100 today.
As a surviving family member, you face a complicated and overwhelming process after losing a loved one. You’re not only grieving someone’s death but also making funeral arrangements while settling matters regarding their estate. The responsibility can become a significant burden, especially if you’re handling it alone.
Unfortunately, arguments within the family are common and can occur when someone disagrees with who should receive which assets. If there’s any type of dispute and you can’t seem to reach a resolution amicably, you might have to proceed with a lawsuit.
Estate administration isn’t as straightforward as it might seem. Even if your loved one has a will indicating their final wishes and how they want their property handled, you still have to go through the probate process. Probate involves a judge validating a person’s will and authorizing the distribution of the assets to beneficiaries and heirs.
Staubus, Blankenship, Legere and Walker PLLC can represent you in your case if you want to contest the will or resolve another issue between you and your family. Whether you weren’t included in the will and believe you are entitled to certain assets or the executor of the estate didn’t distribute property according to your loved one’s wishes, you can depend on us to help.
Common Disputes During Estate Administration
You could face numerous issues while going through probate after the death of your family member. The most common estate administration disputes an estate litigation lawyer in Richardson, Texas, can handle are below.
Trustees, administrators, and executors must uphold their fiduciary duty to any beneficiary and decedent while managing a person’s estate. That means they are responsible for administering the estate correctly and distributing the necessary assets to the appropriate individuals named in the will.
Unfortunately, someone the deceased thought they could trust can take advantage of their access to the property left behind and take assets that don’t belong to them for themselves. They might choose to gift estate funds to themselves or commingle assets from the estate with their personal assets.
No matter how the breach of fiduciary duty occurred, you have a right to pursue a case against the administrator, trustee, or executor who committed the breach.
You could contest a will if you want to challenge its validity. There are various grounds you can use to contest a will, such as:
Disputes Involving Heirs and Beneficiaries
If you believe your relationship with the deceased gives you the right to receive estate assets, you could file a claim. You will need to provide evidence to prove you are entitled to the property as a beneficiary or heir. Staubus, Blankenship, Legere and Walker PLLC could help you build a strong case to pursue the assets that are rightfully yours.
Claims Against the Estate
A creditor could pursue a claim against the estate if the deceased died with significant debt. This can delay the process of distributing the assets to named beneficiaries.
As a beneficiary, administrator, or executor, you could dispute the creditor’s claim with help from an estate litigation lawyer in Richardson, TX.
Staubus, Blankenship, Legere and Walker PLLC also represents clients in estate litigation cases, such as:
Estate Litigation Frequently Asked Questions
Many people don’t understand how to handle estate administration following a loved one’s death. It can involve various complex matters and issues you need to resolve. You will likely lose your case if you’re unsure where to start or what legal procedure you must follow to pursue a case.
You should consult one of the Richardson estate litigation lawyers from Staubus, Blankenship, Legere and Walker PLLC to determine whether we can help. Below are the most common questions we receive so you know what to expect.
Do I have to go to trial to settle my estate administration case?
It depends. It’s possible to mediate a range of estate disputes outside of court. Some judges require beneficiaries and heirs to go through mediation to resolve their issues before pursuing a lawsuit.
However, even after attempting to settle the matter among yourselves, you can still face challenges reaching some sort of agreement. When that happens, you might have to proceed to trial for a judge or jury to issue a judgment.
Who has the legal right to contest a will?
Texas law allows an interested person to contest a will. An interested person can include:
- Creditor
- Heir
- Devisee
- Spouse
- Another individual with a right to estate administration or claim against the estate
Is there a deadline to contest a will?
Yes. Once the probate process starts, you have two years to contest a will. However, you don’t have to wait for probate to begin. You can pursue a case before the will goes through probate and the court has validated it.
Speak to an Experienced Richardson Estate Litigation Lawyer
If you want to challenge a matter with your loved one’s estate or resolve a dispute involving a family member, executor, or heir, contact Staubus, Blankenship, Legere and Walker PLLC immediately.
You can count on a dedicated and knowledgeable estate litigation lawyer in Richardson, TX, to advocate for your rights and try to reach your desired outcome.
Call (214) 833-0100 for your confidential consultation today.
Are you dissatisfied with the way someone handled your late relative’s estate? Is there a dispute with a family member, executor, or administrator you can’t seem to resolve yourselves? If so, contact Staubus, Blankenship, Legere and Walker PLLC right now. We might be able to represent you in your case and try to reach your desired outcome.
Losing someone you love doesn’t cause only emotional pain but also legal and financial responsibilities. You’re suddenly faced with making funeral arrangements and administering their estate according to their final wishes. You could experience difficulties receiving the assets left to you if someone else believes they deserve them instead. Or you might think the executor of the estate didn’t distribute your loved one’s property correctly and that you need to take them to court.
No matter what issue arises, you need an experienced and dedicated legal team on your side to guide you through the litigation process. With over 100 years of combined legal experience, the Plano estate litigation lawyers of Staubus, Blankenship, Legere and Walker PLLC can handle even the most complex estate administration matters. We have the resources and knowledge to create the right strategy to challenge the validity of a will, protect your rights to certain assets, or represent you in another estate issue.
Learn more about our estate litigation services and what we can do for you by calling us at (214) 833-0100 today for a confidential consultation.
Why You Need to Hire an Estate Litigation Lawyer
Handling estate-related matters can be complicated. If you’re not familiar with state laws and your rights during the administration of your relative’s estate, you could end up without the assets you deserve. Going through each step without an experienced lawyer by your side will likely lead to various obstacles you don’t know how to overcome.
Determining how to pursue a case against another person for mismanaging an estate can be an uphill battle. Whether you want to contest a will or prove kinship to the deceased, you should have an estate litigation lawyer in Plano, Texas, to guide you through every step of the legal proceedings.
Staubus, Blankenship, Legere and Walker PLLC understands how contentious estate administration can become between surviving family members upon the death of a loved one. Disputes regarding the distribution of assets, breach of fiduciary duty, or another legal issue can divide a family and spark a legal battle. If you have to take your case to court, you should reach out to us to determine what your legal options might be.
Estate Litigation Matters Staubus, Blankenship, Legere and Walker PLLC Handles
At Staubus, Blankenship, Legere and Walker PLLC, our Plano estate litigation lawyers take on a range of estate administration cases, including:
Claim by a Creditor
A creditor could come after the estate if your loved one had debts they hadn’t paid off yet at the time of their death. A claim could delay the process of receiving the assets left to you in the will and distributed to additional beneficiaries. Staubus, Blankenship, Legere and Walker PLLC could help you dispute the creditor’s claim if you’re the executor or administrator of the estate or one of the named beneficiaries.
Beneficiary or Heir Dispute
It can be a shock when someone you were close to dies, and you discover they didn’t leave any of their assets to you. You might feel as though you are entitled to something from their estate.
You could pursue a case to receive the property that is rightfully yours. However, you will have to prove how you’re related to the deceased, a task that can be a challenge. Your estate litigation lawyer in Plano, TX, can assist you with your kinship dispute and obtain the available evidence to show you have rights to the deceased’s assets.
Contesting an Invalid Will
You can contest a will if you have doubts about its validity. The range of grounds you can choose from when filing your case include:
Breach of Fiduciary Duty
Any executor, trustee, or administrator of an estate has a fiduciary duty to administer the deceased’s estate according to their final wishes and ensure the named beneficiaries receive the assets passed down to them. A breach of fiduciary duty occurs when the person responsible for estate administration acts in their own best interests over the interests of the deceased and the estate’s beneficiaries.
Common examples of a breach of fiduciary duty include:
- Commingling estate funds with personal funds
- Distributing a particular asset to themselves instead of the intended heir
- Ignoring strict deadlines for time-sensitive matters regarding management of the estate
Additional estate litigation matters Staubus, Blankenship, Legere and Walker PLLC can take on include:
Estate Litigation Frequently Asked Questions
It’s natural to have questions about the estate litigation process. It’s often a complex and time-consuming legal matter to handle. Most people don’t know the steps they need to take to resolve a dispute within the family or contest a will included in a loved one’s estate plan.
When you hire Staubus, Blankenship, Legere and Walker PLLC, you will have an estate litigation lawyer in Plano, Texas, to assist you with every legal aspect of your case. You will be in excellent hands and have an advocate fighting by your side until the end.
Below are answers to some of the most common questions clients ask us. This may help you prepare for your case or for your consultation with us.
Will I have to bring my case to court?
Not necessarily. You could avoid a trial if you and the other party can resolve the dispute through mediation. Many judges require family members to mediate their issues before proceeding with a court case.
Both sides meet with their attorneys and a mediator to resolve the matter at hand during mediation. Whether you have conflicts over the validity of the will, the distribution of property, or another disagreement with the estate, a third party could help.
Do I have to follow a deadline to contest a will?
Yes. You have two years from the date the will goes to probate to contest it. However, it might be best to pursue your case before the probate process begins.
Probate involves a judge reviewing and validating a will upon a person’s death. If a judge validates the will, it will be more difficult to dispute whether the contents are valid and enforceable.
Can any family member contest a will?
According to state law, only an interested person can contest a will. That means you must be one of these parties in relation to the deceased:
- Creditor
- Heir
- Spouse
- Devisee
- Another person with a claim against or right to administration of the estate
Contact Staubus, Blankenship, Legere and Walker PLLC
You can face significant legal and financial obstacles as an administrator, heir, relative, beneficiary, or executor. The Plano estate litigation lawyers of Staubus, Blankenship, Legere and Walker PLLC have the knowledge, resources, and skills to find a solution to your estate matters that meets your needs.
Call (214) 833-0100 or complete our contact form online for your confidential consultation if you have a problem with how another person handled your loved one’s estate.
When a testator (someone who creates a will) dies, their debts don’t just pass with them. A creditor may still have a right to recover their debts through the testator’s estate when they die.
You may not have to go to court to resolve your legal matter.
Will Contests
Our McKinney estate litigation lawyers can also handle estate litigation cases involving:
Unfortunately, settling someone’s estate upon their death doesn’t always go as smoothly as planned. Even if your relative created all the necessary documents, such as a will, a family member might wish to challenge the way the estate was handled or paid out. You might have to go to court to ensure proper distribution of the assets or resolve a dispute that arises.
Trustees, administrators, and executors must uphold their fiduciary duty to any beneficiary and decedent while managing a person’s estate. That means they are responsible for administering the estate correctly and distributing the necessary assets to the appropriate individuals named in the will.
A creditor could pursue a claim against the estate if the deceased died with significant debt. This can delay the process of distributing the assets to named beneficiaries.
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