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Dallas Probate Litigation Attorney

Many probate attorneys do not take on litigation cases. We do. This is an area where we excel.

We strive to provide our clients peace of mind when it comes to inheritances and probate disputes and are honored when they entrust their sensitive probate disputes to our Dallas probate attorneys.

Few situations can ignite as much drama and conflict among family members as the complexities surrounding inheritance disputes. Regardless of how meticulously the deceased may have recorded their final wishes, creditors, surviving relatives, and other interested parties can still challenge a will and escalate the disagreement to the courtroom.

To safeguard your interests and navigate this delicate terrain, it is crucial to engage the expertise of skilled probate litigation attorneys who regularly handle probate disputes in Dallas.

Why contest the validity of a will?

There are several reasons someone might contest the validity of a will. The most common reasons are:

The will was forged or not properly executed.
The deceased’s will provided unequal and unnatural transfers between family members over others.
The decedent was not in full control of his or her mental faculties at the time the will was written. Perhaps a diminished mental state caused by an illness or medication-related side effects led the decedent to make arbitrary, illogical, or unfair stipulations in the will.
The deceased was under duress or facing undue influence at the time the will was executed.
The will does not account for changes in the deceased’s estate, assets, or family circumstances between the time of writing the will and the time of death.

How can I avoid a probate dispute?

Surviving family members need to consider the costs and frustrations of litigation compared to the potential positives.

Depending on the length and scope of the litigation, the court process can drain substantial assets from the estate. If possible, family members should consider alternative approaches, such as probate mediation or family settlement agreements.

During probate, an independent executor is appointed. The independent executor has a fiduciary duty to the estate to ensure that the assets are properly distributed to the intended beneficiaries, manage the estate, and pay off any debts to creditors.

Effective estate planning is the best way to avoid probate disputes. This is particularly true when there is a mixed family, such as a homestead that is the decedent’s separate property (i.e., the decedent acquired the home before marriage). This situation often pits the surviving spouse against the kids from outside of the decedent’s last marriage as the surviving spouse wants to remain in the home, but, absent a will, the kids end up owning the home.

Probate Litigation Attorneys

If you would like to learn more about the probate process and go over some of your options, make sure to review our website and access additional information to help you move forward. We know how emotionally devastating these situations can be.

We are Dallas Probate Attorneys We help clients navigate the probate process and handle probate litigation if necessary.

Our Dallas Probate Attorneys provide a full range of probate services to our clients, including helping with probate administrations. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters.

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Disclaimer: The content of this website is for informational purposes only and should not be construed as legal advice and should not be acted upon without consulting a qualified probate attorney.