When a loved one passes away, the distribution of their assets should follow their wishes. However, disputes over wills, trusts, and estate administration can quickly turn a straightforward probate process into a complex legal battle. A probate litigation attorney from Staubus, Blankenship, Legere and Walker PLLC helps families and individuals handle these conflicts and protect their inheritance rights. Understanding when you need legal representation can save you time, money, and emotional stress during an already difficult period.
Why Choose Staubus, Blankenship, Legere and Walker PLLC for Probate Litigation
Staubus, Blankenship, Legere and Walker PLLC brings over 100 combined years of legal experience in probate and estate litigation. Our attorneys focus exclusively on probate, trust, and guardianship disputes, not general practice law. This specialized focus enables us to understand the nuances of Texas estate law and has allowed us to handle numerous complex disputes, both in and out of the courtroom.
Our firm holds an AV rating from Martindale-Hubbell, the highest available rating from this prominent law firm rating service. We have been ranked by Best Lawyers as a Tier One Best Law Firm in Dallas/Fort Worth for trust and estate litigation. P. Keith Staubus was recognized by D Magazine as a Best Lawyer in Dallas 2025 in probate, trusts, and estates. Multiple attorneys at our firm, including Joseph E. Legere and Kelly C. Walker, have earned Super Lawyers designations from Thomson Reuters.
We operate as a boutique firm, which means you receive dedicated personal service rather than being passed between associates. When disputes arise, we first explore mediation and reconciliation to resolve conflicts amicably. If litigation becomes necessary, we aggressively pursue your case using expert witnesses, including forensic psychiatrists, forensic accountants, handwriting experts, and investigators.
Common Probate Disputes That Require Legal Help
Executor Misconduct and Breach of Fiduciary Duty
An executor holds a legal responsibility to manage the estate properly and act in the best interests of the beneficiaries. When executors fail to meet these obligations, it constitutes a breach of fiduciary duty. Common examples include failing to file required tax returns, using estate assets for personal benefit, refusing to provide accounting information to beneficiaries, and distributing assets improperly or unfairly.
Texas law requires executors to fulfill specific duties under the Texas Estates Code. When an executor’s misconduct harms the estate or beneficiaries, you may have grounds to remove them and pursue legal action. The court can appoint a replacement executor who will handle the estate responsibly. If the executor’s misconduct caused financial losses, you may recover damages.
Will Contests and Undue Influence
For a will to be legally valid in Texas, the person creating it must be at least 18 years old, of sound mind, sign the document themselves, have at least two witnesses sign it, and name at least one beneficiary. When these requirements are not met, the will may be invalid. Understanding will validity requirements is crucial for protecting your interests.
Undue influence occurs when someone pressures or manipulates the will creator into making decisions they would not have made on their own. The person exerting undue influence might be a family member, caregiver, professional advisor, or friend. Unlike improper execution, undue influence involves the will creator’s mental state and the circumstances surrounding the will’s creation.
If you believe a will was created under undue influence or does not meet legal requirements, you can contest it in probate court. A probate litigation attorney gathers evidence, interviews witnesses, and presents your case to the judge. Learn more about what evidence you need to contest a will in Texas.
Trust Disputes and Beneficiary Conflicts
Beneficiaries sometimes believe the distribution of trust assets is unfair or inequitable. Trustees may also breach their fiduciary duties by mismanaging funds, failing to provide required accounting statements, or acting in their own interests rather than the beneficiaries’ interests. These trust disputes can damage family relationships and require legal intervention to resolve fairly. Representation of trust beneficiaries is essential in these complex matters.
When to Contact a Probate Litigation Attorney
Timing matters when probate disputes arise. Texas law sets strict deadlines for contesting wills and challenging executor conduct. If you wait too long, you may lose your right to pursue legal action. Contact an attorney as soon as you suspect misconduct or have concerns about the validity of a will or trust. Understanding how long you have to contest a will in Texas is critical.
Red flags that indicate you need legal representation include:
- An executor refusing to provide accounting information or asset statements
- Suspicious changes to a will made shortly before the person’s death
- An executor using estate funds for personal expenses
- Beneficiaries are being excluded without explanation
- A will that contradicts the deceased person’s known wishes
- Pressure from a caregiver or family member on the will creator
In many cases, mediation can resolve disputes without the cost and time of litigation. A neutral mediator helps parties communicate and reach a settlement. However, if the other party refuses to negotiate or if the dispute involves serious misconduct, litigation may be necessary to protect your interests.
Understanding Texas Probate Law and Your Rights
Probate is the legal process of distributing a deceased person’s assets. Debts and taxes are paid first, then remaining assets go to beneficiaries named in the will or to heirs under Texas intestacy laws if there is no will. This process can be straightforward, but disputes often arise. Learning about common misconceptions about probate can help you navigate this process more effectively.
Texas Estates Code governs probate procedures and the rights of all parties involved. Beneficiaries have the right to receive notice of probate proceedings and to challenge actions they believe are improper. Executors must act honestly, in good faith, and in the best interests of the estate and beneficiaries. Heirs have rights to inherit under Texas law even if there is no will.
Community property rules in Texas also affect estate distribution. Property acquired during marriage is generally considered community property and belongs equally to both spouses. Understanding these rules is essential when disputes involve married couples or blended families.
Steps to Resolve Probate Disputes
Several options exist for resolving probate disputes, each with different costs, timelines, and outcomes. Understanding common reasons for estate litigation can help you prepare for your situation.
- Mediation brings parties together with a neutral third party who helps them communicate and negotiate. Mediation is faster and less expensive than litigation, and the parties maintain control over the outcome. Many disputes settle through mediation without ever reaching court.
- Negotiated settlements allow parties to reach agreements outside of court. A probate litigation attorney can negotiate on your behalf, protecting your interests while working toward a resolution that satisfies all parties. Estate litigation and trust dispute resolution options are available to help you find the best path forward.
- Litigation becomes necessary when disputes cannot be resolved through negotiation. A judge or jury hears evidence and makes a binding decision. Litigation takes longer and costs more than mediation, but it may be your only option if the other party refuses to settle.
- Removal of an executor or trustee is a remedy available when misconduct occurs. The court can remove the fiduciary and appoint a replacement to manage the estate properly.
FAQs About Probate Litigation in Texas
What is the difference between a will contest and a trust dispute?
A will contest challenges the validity of a will or the distribution it provides. A trust dispute involves disagreements over how a trustee is managing trust assets or how the trust should be interpreted. Both can result in litigation, but they follow different legal procedures.
How long do I have to contest a will in Texas?
Texas law generally allows two years from the date the will is admitted to probate to file a will contest. However, this deadline can vary depending on the circumstances. Contact an attorney immediately if you believe a will is invalid. Learn more about how long you have to contest a will in Texas.
What evidence do I need to prove undue influence?
Proving undue influence requires showing that someone had the opportunity to influence the will creator, a motive to do so, and that the will’s terms are unusual or contrary to the creator’s known wishes. Evidence may include testimony from witnesses, medical records, financial records, and communications between the will creator and the person accused of undue influence. For detailed guidance, see our article on what evidence do you need to prove undue influence.
Can I remove an executor for misconduct?
Yes. If an executor breaches their fiduciary duties through misconduct, you can petition the court to remove them. You must provide evidence of the misconduct and show that removal is in the best interests of the estate and beneficiaries. Our guide on executor misconduct examples and consequences provides more information.
What does a probate litigation attorney do?
A probate litigation attorney represents clients in disputes involving wills, trusts, and estate administration. They investigate claims, gather evidence, negotiate settlements, and represent clients in court if litigation becomes necessary. Our experienced litigators are ready to help you.
How much does probate litigation cost?
Costs vary depending on the complexity of the dispute and whether it settles or goes to trial. Many attorneys charge hourly fees, while others may work on a contingency basis for certain types of cases. Discuss fee arrangements with your attorney during your initial consultation.
Can probate disputes be settled without going to court?
Yes. Many probate disputes settle through mediation or negotiated settlement agreements. Going to court should be a last resort when other options have been exhausted. Learn more about estate litigation and trust dispute resolution options.
Get Legal Help From Staubus, Blankenship, Legere and Walker PLLC
If you face a probate dispute in Texas, do not wait to seek legal help. The experienced litigators at Staubus, Blankenship, Legere and Walker PLLC are ready to discuss your situation, explore your legal options, and take swift action to protect your rights and inheritance.
Contact us today to schedule a free consultation. Call (214) 833-0100 or visit our probate litigation service page. Learn more from our attorneys about how our firm can help you resolve your estate dispute.
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