Houston Probate Litigation Attorney

Probate Litigation Attorney Serving Houston, TX

Probate is complicated enough when there are no challenges, no disputes, and no litigation. When an estate you are the executor for or a beneficiary of becomes the subject of probate litigation, you need to work with an experienced estate litigator. Lawsuits over wills and probate estates can diminish an estate's property very quickly. Probate litigation can also mean that the decedent's wishes cannot be carried out, either due to a bad faith challenge or because there is a legitimate problem with the will.

The Fealy Law Firm, PC is experienced in helping both beneficiaries and estate fiduciaries through probate litigation. Harris County attorney Vicky Fealy will conduct a complete investigation into the circumstances of the lawsuit in order to fight for the testator's wishes to be respected. She can help with all types of probate litigation, from creditor claims to disputes over a will's validity.

Types of Probate Litigation We Can Help With

Probate is a highly complex process. Disputes might arise for any number of reasons and at any stage during the proceedings. Common types of probate litigation include:

• Interpretation disputes - Sometimes, it is not perfectly clear what the testator meant by a certain provision in the will. This is especially common when the will was made using an online tool, without an attorney's help. For example, if the will states that "Susan" should receive a certain gift but the testator has both a close friend and a grandchild named Susan, there might be litigation over which Susan he or she meant.
• Will contests - People may challenge the validity of a will for many different reasons. Common claims in will contests include disputes over whether the testator had the mental capacity to make a will, whether he or she was coerced or subjected to undue influence, and whether the will was properly executed.
• Breach of fiduciary duty claims - Claims that the executor mishandled the estate or failed to act in the beneficiaries' best interests may arise during probate. For example, an executor who fails to dispute an unreasonable claim against the estate might have failed to meet his duty. Beneficiaries may also sue to remove an ineffective executor.
• Stolen estate property issues - If an asset controlled by the will is missing, it may be because someone other than the rightful beneficiary took it after the testator's death. Recovering stolen estate property is important to protecting the testator's right to control his or her estate.
• Contested appraisals - If certain assets - most commonly a family home or business - are to be sold and the money divided amongst the beneficiaries, getting the asset appraised or valued is an important step. However, disputes over the accuracy of an appraisal can arise, especially when the decedent did not designate a method of valuation.
• Creditor claims - One step in the probate process involved identifying and notifying the testator's creditors and settling his or her debts using estate assets. Beneficiaries may be able to dispute whether the testator actually owed a certain debt, or in some cases, someone claiming to be a creditor may sue the estate.
• Distribution of assets not governed by the will - If the will fails to mention a valuable asset the testator owned, there may be a dispute over who is entitled to that asset as a natural heir of the testator. It is fairly common for a testator to forget to update his or her will after acquiring a new asset later in life.

Contact a Houston Area Probate Litigation Attorney

The Fealy Law Firm, PC will handle your probate litigation issue aggressively. Experienced Northern Texas probate litigation attorney Vicky Fealy will fight for the testator's wishes to be carried out. Contact us at 713-526-5220 for a complimentary consultation.