Probate Litigation Archives

In the unfortunate event of a dispute or conflict arising during probate proceedings, our Dallas probate attorneys are prepared to protect your rights and advocate for your interests. With extensive experience in probate litigation, we handle a wide range of issues, including will contests, disputes over asset distribution, and allegations of breach of fiduciary duty. Don’t let legal disputes overshadow the grieving process. Schedule an online consultation today to discuss your case with our dedicated attorneys and take the necessary steps to resolve probate litigation effectively.

Take the first step towards resolving your probate matters by scheduling an online consultation with our Dallas probate attorneys. We are ready to provide you with the legal expertise and guidance you need.

Mar

When Distributions Aren’t Made According to the Will

March 16, 2023Probate AttorneyArticles, Probate Litigation

This is a Case Study analysis on the facts of Patrick v. Patrick, 182 S.W.3d 433 (Tex. App. – Austin 2005, no pet.), as if it were to be decided today. It is not an analysis of the court’s holding in this case. Introduction Probate law governs the distribution of a deceased person’s assets. In...

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Feb

What Is the Correct Standard of Review on a Probate Appeal?

February 23, 2023Probate AttorneyArticles, Probate Litigation

When a person passes away, their assets and property must be distributed according to their will or, if they did not leave a will, according to state law. This process is known as probate. In Texas, probate proceedings take place in the probate court, and any disputes that arise during the process can be appealed...

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Feb

Jurisdiction and Venue in Texas Probate Courts

February 9, 2023Probate AttorneyArticles, Probate Litigation

Jurisdiction and venue are two important concepts in the field of probate law, and they are particularly relevant to the probate courts of Texas. In this article, we will take a closer look at what these terms mean, and how they affect the probate process in Texas. Jurisdiction Jurisdiction refers to the authority of a...

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Dec

How to Prove Testamentary Capacity in a Texas Probate Court

December 15, 2022Probate AttorneyArticles, Probate Litigation

A will is a legal document that names how a person’s property will be distributed after their death. In order for a will to be valid, the person must have what is called “testamentary capacity.” This means that they must understand the nature and extent of their property, and must be able to identify the...

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Dec

Fighting Among Relatives, No Will, and Other Things That Can Hold Up Your Texas Probate

December 8, 2022Probate AttorneyArticles, Probate Litigation

No one likes to think about what will happen after they die, but it’s important to have a plan in place. If you don’t, your loved ones may have to deal with a lot of complications. One of the biggest problems they might face is probate. Probate is the legal process of distributing a person’s...

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Nov

Who Has the Burden of Proof in a Will Contest?

November 3, 2022Probate AttorneyArticles, Probate Litigation

Introduction Probate is the legal process of validating a will and distributing a deceased person’s assets to their beneficiaries. In Texas, if someone dies with a valid will, their estate will generally go through probate. However, there are some exceptions. For example, if the estate is small or if all of the assets are held...

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Oct

Can a Texas probate court grant relief on something that was not explicitly in the pleading?

October 27, 2022Probate AttorneyArticles, Probate Litigation

Introduction In Texas, probate courts have the authority to grant relief on matters that are not explicitly stated in the pleadings. This means that if there is an issue that arises during the course of probate proceedings, the court can take action to address it. Texas law gives the court broad powers to do whatever...

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Oct

Can a Testator’s Feelings About Someone Prove Fraud in Probate Court?

October 20, 2022Probate AttorneyArticles, Probate Litigation

When a person dies, their estate must go through probate in order to be distributed to their heirs. In Texas, probate is handled by the court system, and there are certain rules and procedures that must be followed. One of the key aspects of probate is proving that the will is valid. In some cases,...

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Oct

Can You Prove Lack of Testamentary Capacity Even If There’s No Direct Evidence?

October 6, 2022Probate AttorneyArticles, Probate Litigation

Introduction The law in Texas is clear that a person must have the mental capacity to execute a will. A testator’s mental capacity at the time of execution can be inferred from circumstantial evidence, such as when an individual executes a document with language that is inconsistent with the individual’s usual practices. If there’s doubt...

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Sep

DFW Probate Law Update: If you hold a Will, Ignorance Is No Excuse

September 29, 2022Probate AttorneyArticles, Probate Litigation

Application for Probate More Than 4 Years After Testator’s Death A will may not be submitted to probate after the fourth anniversary of a testator’s (person who made the will) death unless it is shown that the person applying for probate was not in default in failing to bring it to probate sooner. Here default...

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