Probate Litigation Attorney in Houston, TX

Representing Families Facing Probate Litigation

After a loved one’s passing, some parties may take issue with the way assets are distributed. These legal issues require the attention of an experienced probate litigation lawyer to resolve.

The death of a loved one is incredibly challenging for their surviving family. Unfortunately, a grieving family can face legal challenges that make the death of a loved one even more devastating.

At Hensley & Krueger, PLLC, our experienced probate litigation lawyers are dedicated to helping protect your rights and your loved one’s legacy.

The Probate Litigation Process in Texas

When disputes arise over the administration of a deceased person’s estate, the probate litigation process in Texas begins. An interested party—such as a beneficiary, heir, or executor—must file a probate dispute in the appropriate county probate court. Common reasons for probate disputes include contested wills, allegations of undue influence, executor misconduct, and disagreements over asset distribution. A Houston probate litigation attorney can help draft and file the necessary legal documents, ensuring the dispute is properly presented. Once the petition is filed, all interested parties are notified, and the case enters the litigation phase, which may involve discovery, depositions, and preliminary hearings to establish the key legal issues.

Many probate disputes in Texas are resolved through mediation, an alternative to courtroom litigation that can save time and costs. Texas courts often require mediation before allowing a case to proceed to trial, as it provides an opportunity for all parties to negotiate a settlement with the assistance of a neutral mediator. A Houston probate litigation attorney plays a critical role in mediation by advocating for their client’s interests while working toward a fair resolution. If a settlement is reached, the terms are documented and submitted to the court for approval. However, if mediation is unsuccessful, the dispute moves forward to trial.

If probate litigation reaches the courtroom, the case is presented before a probate judge, though a jury trial may be requested in certain situations. During trial, both sides present evidence, witness testimonies, and legal arguments regarding the validity of a will, executor performance, or rightful asset distribution. The judge ultimately issues a final ruling based on the facts and applicable probate laws. If a party disagrees with the decision, they may have the right to appeal. Given the complexity of probate litigation, it is essential to have a skilled Houston probate litigation attorney who understands Texas probate laws and can effectively navigate the legal system to protect their client’s interests.

How Do Probate Litigation Issues Arise?

After death, there are many parties interested in the distribution of assets. When these parties disagree, probate litigation often arises. Some of the most common instances leading to probate litigation include:

• Contested wills — Although many wills are probated without issue, sometimes the validity of a will can be called into question by a beneficiary or surviving family members. This usually occurs when one or more beneficiaries or family members feel the will unfairly distributes assets or believe their loved one was not in the right state of mind when they originally drafted and adopted the will.
• Disagreements regarding interested persons and venue — The Texas probate code clearly defines who may participate in probate litigation and in what venue the litigation should take place. If the parties cannot agree to these first steps in probate litigation, things come to a standstill.
• Creditors — When a loved one passes, their creditors are still entitled to their rightful repayments. Creditors can only receive their repayments by going through the probate process. The process of creditors filing for repayment through probate is very complicated and may require the creditor to file a lawsuit against the estate.
• Surcharge actions —Trustees have a responsibility to manage a trust responsibly. However, if the beneficiary of a trust believes the trustee has mishandled the assets of the trust, they can file for a surcharge action, which is aimed at receiving compensation for any losses.

Legal Grounds for Challenging a Will in Texas

In Texas, there are several legal grounds for challenging a will, each requiring substantial evidence to succeed in probate court. One common basis is lack of testamentary capacity, which means the testator (the person creating the will) did not have the mental ability to understand the nature of their estate or the consequences of their decisions at the time the will was executed. Another frequent challenge is undue influence or coercion, where a beneficiary exerts excessive pressure on the testator, manipulating them into making decisions they would not have made otherwise. A probate litigation attorney in Houston can help gather medical records, witness testimonies, and other evidence to demonstrate that the testator was either mentally impaired or influenced improperly when drafting the will.

Other grounds for contesting a will in Texas include fraud or forgery, which occurs when the document has been altered, signed under pretenses, or fabricated entirely. Additionally, a will can be challenged if it fails to meet legal formalities, such as lacking the required signatures, not being properly witnessed, or not adhering to Texas probate laws. Texas law requires that a will be in writing, signed by the testator (or someone at their direction), and witnessed by at least two credible individuals. If any of these formalities are not met, the will may be declared invalid. A probate litigation attorney in Houston can assess the specifics of the case and provide legal strategies to challenge a will based on these defects, ensuring that the decedent’s true intentions are honored and that justice is served in probate court.

How Long Does Probate Litigation Take?

The duration of probate litigation in Texas varies depending on several factors, but it can take anywhere from a few months to several years to resolve. Key factors that impact the timeline include the complexity of the case, the number of parties involved, and whether the dispute goes to trial. If multiple heirs or beneficiaries contest the will, or if claims of undue influence, fraud, or lack of testamentary capacity arise, the process can become prolonged. Additionally, court schedules, the need for expert testimony, and the discovery phase, where evidence is gathered, can all extend the litigation process. Houston probate litigation attorneys can help clients understand these potential delays and navigate the legal system efficiently.

Several strategies can be employed to expedite probate litigation. Mediation is often a preferred approach, as it allows disputing parties to negotiate a settlement outside of court, avoiding lengthy trial proceedings. Proper documentation and thorough preparation, including collecting necessary evidence early, can also help prevent unnecessary delays. In some cases, filing motions for summary judgment, where the judge decides on certain legal issues without a full trial, can shorten the litigation process. Working with experienced Houston probate litigation attorneys ensures that all legal filings are completed correctly, deadlines are met, and the best legal strategies are used to move the case forward as quickly as possible while protecting the client’s interests.

How A Probate Litigation Lawyer Can Help

The death of a loved one is hard enough — you shouldn’t have to worry about legal challenges to the estate. The experienced probate litigation lawyers at Hensley & Krueger, PLLC have worked on both sides of probate litigation, giving us valuable insight into how the other side thinks. If you are facing probate litigation, do not wait to call us at 713-850-9700.