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Fort Worth Probate Litigation Attorney

Estate Distribution and Legal Challenges

Disputes involving probate, trust, and estate conflicts will prompt probate litigation. When probate moves forward without problems, the decedent's death is certified, his or her outstanding debts and taxes are paid, and the remainder of the estate is efficiently distributed to the named heirs. There are no or few disputes or legal challenges. Unfortunately, the process may not be that simple. For many reasons, a person or persons may contest a will in the state of Texas, bringing about the need for probate litigation. You can get professional assistance from our Fort Worth probate litigation lawyer at our firm in all matters requiring litigation surrounding an estate.

Skilled Litigator for Probate Legal Matters in Fort Worth, TX

There can be many different situations that will lead to the need for probate litigation. These include but are not limited to the following:

  • Allegations that there was undue influence in creating a will. This means that it is believed by one or more parties that someone coerced the author of the will (called the Testator) using force, intimidation, etc. to create the will in a manner that would not have been done otherwise.
  • Lack of capacity, or that the testator didn't have the mental capacity to understand fully the procedures and ramifications of making a will.
  • Allegations the will was not executed properly. This could encompass a number of factors, such as the will was not in writing, or the will wasn't signed correctly. It must be signed at the bottom of the will. There are further requirements as to what the exact signature needs to be. Additionally, there are rules regarding how the testator must sign the will if he is too feeble to write his name and what witnesses must do in such instances.
  • Disputes involving the beneficiaries.
  • Suspicion that a will is forged.
  • There is more than one will in existence, and it is unclear as to which one was the final will.
  • An executor, administrator, guardian, conservator, or personal representative breaches their duty. This could involve fraud, mismanagement of the estate, not complying with certain requirements, and more.
  • Disagreements as to who should actually serve as the executor. Some interested parties may claim that the executor is not performing his or her duties as required or expected. Or perhaps the executor doesn't really have the expertise to perform the duties.
  • The will did not have proper witness corroboration.
  • It is unclear when the date for a trust termination is, affecting when assets would be distributed.
  • An executor does not think it is appropriate to pay money to someone who believes he is owed the money.
  • Allegations that the executor or trustee is not performing his duties with the best interests of all parties involved being considered.

Skilled Fort Worth Probate Litigation Attorney

Whenever a will is contested, or there is a conflict involving a trust, the situation can include strong, negative emotions in the individuals involved, even in brothers, sisters or other close family. This creates or contributes to an atmosphere where it can be difficult to see things clearly. In short, it can be a very stressful, emotional time. Our attorneys at Coontz Cochran fully understand the sensitive and delicate situations that can arise with these disagreements. Our personal and professional assistance can assist you to move forward to resolve these issues in a timely manner. Most importantly, we are highly skilled in investigating the facts and sorting through the relevant issues in order to effectively litigate probate matters. Your rights and the fair distribution of assets to you or your loved ones is our focus, and we are zealous advocates for the rights of our clients in all matters of probate litigation.

Click here to find more helpful information in our business law blog 217 Market Street, Burleson, TX 76028 Call our firm today at (817) 953-6259 Send an email to our attorneys
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Coontz Cochran - Fort Worth Business Law Attorney
Located at 217 Market Street Burleson, TX 76028. View Map
Phone: (888) 858-0536 | Local Phone: (817) 953-6259.