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Probate Litigation

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.

In the state of Texas, contesting a will often hinges on a pivotal and contentious issue: the testamentary capacity of the individual responsible for creating the will. To mount a successful challenge to a will based on capacity, it is essential to comprehend the legal prerequisites and compile compelling evidence, as this situation underscores. However,...
11probate a will late
The process of probating a will in Texas is subject to specific time constraints, which require careful attention and timely action. A four-year window is provided from the time of a testator’s passing for the probate of a will. Beyond this timeframe, the right to utilize the will for property distribution is typically forfeited, with...
11probate court final order
In a recent case, St. John v. Hearne, a Texas probate court granted a bill of review but did not dispose of contested issues. The Court of Appeals noted that granting a bill of review does not terminate the proceedings and is not equivalent to final judgment for purposes of appeal. Legal Terminology Interlocutory Appeal...
11probate time limit
Default for failing to file? Default at Law A default is the failure to do something required by law or the failure to comply with a contractual obligation. When it comes to filing a will for probate, there is a timeline that the filer must comply with in order to avoid being found in default....
Legal Terminology Muniment of Title/Deed: Means there is no need for administration of the estate. This allows for a will to be probated quickly and cost-efficiently. Administration of an Estate: Allows for the management of the liabilities and assets of a deceased person. Probate Case In re Estate of Kurtz, 54 S.W.3d 353 (Tex. App....
11sue in probate court
In a person’s will, they may leave either personal or real property to an entity rather than to an individual. They could leave land to a city, business, organization, county, or the like. What happens when there is a suit against a county rather than an individual? What is the controlling law and how is...
11Standard of Sound Mind to Execute a Valid Will
Introduction The writ of mandamus is a judicial mandate issued by a higher court to force a lower court or government official to perform their duties. This is not an order issued by the Supreme Court, but rather can be issued by any other court that has jurisdiction over the lower court in question. Sometimes,...
11dallas guardianship gavel
The answer to this question depends on the jurisdiction in which the case is being tried. Some jurisdictions allow for the admission of such documents, while others do not. In general, however, the answer is yes, documents connected to prior claims are admissible in court if they have a sufficient connection to the matter at...
11Protection through guardianship
Testamentary capacity refers to a person’s ability to create a valid will. This ability deals both with being of legal age to create a will (18) and the mental capacity of the person making the will. Undue Influence occurs when a person acts under the influence of another rather than of their own free will...
11handrwritten will thrown out
A McLennan County judge will not dismiss the 2003 handwritten will of Texas music legend Billy Joe Shaver, which purportedly leaves his estate to his nephew. The nephew of another country music legend, Willie Nelson, originally made the request to throw out the will. Tommy Witherspoon of KWTX reports the following: The ruling by County...
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