Texas Estate Trust Will Probate Litigation

We Litigate Big Estate Fights on Contingency

Estate Fight Litigation in Houston and around Texas.

An Estate fight is typically a Will Contest and Will Challenge or Trust Dispute over the following:

• The testator or trust settlor lacked mental capacity; i.e., was senile, delusional, or of unsound mind at the time the documents were created.  And/or the testator was subjected to fraud, coercion or undue influence during its creation and implementation of the document.  Sometimes there are ambiguities or oddities in the document that can lead to a trust or Will challenge/
• The Will is a forgery or altered  or does not conform with the  legal requirements as to the number and/or nature of the witnesses.
• Busting or Breaking a Trust Fund whether Irrevocable or Testamentary 
• Breach of Fiduciary Duty under a Will and/or a Trust.

If the Will is thrown out, the court may disallow only the part of the Will that was challenged or throw out the entire Will of the decedent, distributing the property as if the person died without a Will, or use the last previous Will, depending on state law and the specific facts and circumstances.

Other Types Estate and Inheritance Challenges

An heir or someone with standing such as a spouse or descendant can challenge the distribution share; force distribution of the estate from a beneficiary designation for the following:

– Life Insurance beneficiary designation

– Payable on death accounts Financial Accounts

– Investment Accounts (cash, mutual funds, stocks, bonds, CDs, etc

– 401k Beneficiary designation which by law should goto the spouse unless…

– Pension Beneficiary designation which by law should goto the spouse unless…

-ERISA Plans Beneficiary Designation which by law should goto the spouse unless…

The basis to challenge these designations are much as the same you would see in a Will contest.   For instance you can challenge the Capacity of the decedent when they made the purported designation.  Or you can try to obtain a declaratory judgment that the decedent was unduly influenced or taken advantage by someone.  Fraud is another cause of action that can brought.