HOUSTON713.936.9620 DENVER720.863.4012 SAN ANTONIO210.890.4684
A Team of Experienced Attorneys Prepared to Help You We Can Handle Your Legal Matters from Start to Finish

Estate Litigation Lawyers

Helping You Resolve Complex Estate Administration Matters

In Texas, all estates must go through probate as part of the estate administration process, with few exceptions. During this process, there are numerous issues that may arise and which may require litigation. If you wish to contest or dispute any aspect of estate administration, including the terms or conditions of a will or trust, contact the experienced estate litigation lawyers at Kearney, McWilliams & Davis, PLLC. We are highly skilled at navigating a variety of complicated matters and can help you work to protect your interests.

Reach out to our firm by calling (713) 936-9620 or by filling out an online contact form to request an initial consultation with a member of our team.

When Is Estate Litigation Necessary?

Estate administration is rarely a simple process. Though not always contentious, the process can often lead to interested or concerned parties disputing or questioning certain aspects of the estate plan.

Common examples of issues that are typically resolved through estate litigation include:

  • Lack of Capacity: An interested party may raise concerns if he or she believes that the deceased was not mentally or legally capable of making decisions at the time the will or related document was signed.
  • Undue Influence: This issue can arise if an interested party believes that someone else, such as a caregiver or family member, coerced or forced the estate owner to sign estate documents, including a will.
  • Accounting Demands: During the 15 months following the start of independent estate administration, all interested parties can request estate asset accountings from the executor. If accountings are not provided within 60 days, litigation may be necessary.
  • Multiple and/or Conflicting Wills: In certain cases, several family members, heirs, or interested parties may produce what they claim to be the official, most recent will. In such cases, estate litigation is usually needed to clarify the valid will and resolve fraud and/or forgery issues.
  • Determining Heirs: Sometimes, there are disputes regarding heirs to an estate. Other times, heirs may not be easily identified or located. In such instances, estate litigation can resolve questions regarding heirs.
  • Breach of Fiduciary Duty: If an interested party believes that the estate administrator or executor is solely acting in his or her own best interests and forgoing the interests of other involved parties or mismanaging the estate, litigation may be necessary.
  • Removal of an Estate Administrator/Executor: If an estate administrator or executor is not capable or willing to properly handle an estate, he or she may be removed and replaced. This typically involves estate litigation.

These are just some examples of when estate litigation may be needed to resolve estate and probate-related issues. There are many other instances in which litigation may be the only way to resolve disputes, address concerns, or verify details of an estate.

Trust Your Litigation Issue to Our Skilled Trial Attorneys

Navigating the process of estate administration or probate can be incredibly complicated. If you have concerns or wish to dispute aspects of an estate administration proceeding, will, trust, or other related matter, it is crucial that you contact an experienced estate litigation attorney. At KMD, we have extensive experience handling all types of highly complex cases. Our estate planning firm can help you clearly understand your legal options and work toward a swift resolution.

Get in touch with us at (713) 936-9620 to learn more about how we can assist you. Schedule your initial consultation with a trusted trial attorney at KMD today.

Our Blog

Recent Posts
  • I’ll Love You Forever (But Sign This Just in Case)

    The iconic 2005 song “Gold Digger” by Kanye West was always an easy listen, but beneath the veneer of a catchy beat and Jamie Foxx’s top-notch ...

    Continue Reading
  • Petition to Determine Heirship

    By Craig Galanter and Jason Hanna When an individual dies, all of their property (real and personal) is transferred into their estate. Determining ...

    Continue Reading
  • Lease Provisions to Include in your Residential Lease

    Author: Craig Galanter Contributing Editor: Maxwell Bridge Owning investment real estate properties are a great way to build wealth as the return on ...

    Continue Reading