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.

May

When Can a Judge Transfer a Case to Probate Court?

May 26, 2022Probate AttorneyArticles, Probate Litigation

After a loved one dies, their property must go through probate court in order to be transferred to the rightful heirs. If you are named as the executor in the will, you will be responsible for ensuring that the process goes smoothly. Here’s what you need to know about transferring a case to probate court....

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May

Is an Executor a Party of Interest?

May 19, 2022Probate AttorneyArticles, Probate Litigation

An executor is a person who has the legal right to manage an estate during and after the probate process. An executor is also referred to as an administrator, personal representative or estate trustee. But is an executor a “party of interest” to other proceedings, especially non probate proceedings? Legal Terminology Doctrine of Res Judicata:...

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May

Contesting a Probate Court Receiver Appointment

May 12, 2022Probate AttorneyArticles, Probate Litigation

What Is a Probate Court Appointed Receiver? A probate court receiver is an impartial third party who oversees a deceased person’s estate. If you’re the executor of an estate, you may have to ask the court to appoint a probate court receiver to handle the estate. But can you contest a receiver appointed by the...

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May

The Probate Exception to Federal Court Jurisdiction

May 5, 2022Probate AttorneyArticles, Probate Litigation

Introduction If a party files a motion to probate a will or administer an estate, their dispute is outside the realm of federal jurisdiction. Typically this occurs when an executor or administrator files in the United States. The Ninth Circuit applies the Second Circuit’s two-part inquiry to determine whether a controversy implicates probate matters such...

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Jul

Which Facts Have to be Established to Prove a Lack of Testamentary Capacity?

July 1, 2021Probate AttorneyArticles, Probate Litigation

Will contests often focus on questions about whether the person who executed the will had the mental capacity required to execute the will. These post-death legal disputes can be particularly contentious. They delve into the life circumstances and affairs of the deceased. Facts matter in these cases. This raises questions as to what facts matter?...

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Jun

Dealing With an Incorrect Inventory in a Probate Case

June 20, 2021Probate AttorneyArticles, Probate Litigation

Texas has a formal probate and guardianship process. This process typically involves filing numerous legal papers with the clerk. It includes applications, various motions, and, eventually, inventories. These legal papers can include incorrect information. This includes information that is wrong due to errors. It can also include intentionally omitted or inaccurate information. This can be...

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