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Estate and trust issues are stressful. Here are the answers you need — without the legal jargon.
Probate Litigation
What is probate litigation?
Probate litigation arises when disputes occur during the administration of an estate or trust. This includes will contests, challenges to fiduciary conduct, disputes over inheritance rights, real-property conflicts, and claims involving financial mismanagement. These cases are handled in Texas probate courts, which require strict compliance with the Texas Estates Code.
Keith handles probate cases relentlessly. We navigate the courts, manage creditors, and ensure beneficiaries receive what’s rightfully theirs. No delays. No confusion.
If you’re dealing with a recent loss and need clarity, speak with us immediately.
Why do people challenge a will in Texas?
Will contests are typically based on:
- Lack of testamentary capacity
- Undue influence or coercion
- Fraud or forgery
- Improper execution or witnessing
- Existence of a later will or codicil
Our firm develops evidence through medical records, witness testimony, and forensic analysis to support or defend these claims.
How long do I have to contest a will?
Texas law provides a two-year statute of limitations from the date the will is admitted to probate. Exceptions exist for fraud, newly discovered wills, minors, and persons under legal disability.
What is the difference between an independent and dependent administration?
- Independent Administration: Allows an executor to act with minimal court oversight.
- Dependent Administration: Requires court approval for nearly every action.
Contested estates frequently move into dependent administration when beneficiaries do not trust the executor or when judicial supervision is necessary.
Can an executor, administrator, or trustee be removed?
Yes. Texas courts may remove a fiduciary for:
• Mismanagement, self-dealing, or breach of fiduciary duty
• Misapplication of funds
• Incapacity or failure to perform required duties
• Conflicts of interest
The Estate Lawyers, PLLC regularly pursues and defends removal actions.
What duties does an executor or trustee owe?
Fiduciaries owe duties of loyalty, full disclosure, reasonable care, prudence, impartiality, and compliance with the Texas Estates Code. Breach of fiduciary duty can result in damages, fee forfeiture, removal, and surcharge.
How long does probate litigation typically last?
Timeframes depend on complexity. A straightforward will contest may resolve within 6–12 months, while multi-party fiduciary or trust litigation can last 18–36 months. Factors include property issues, discovery, forensic accounting, and the willingness of parties to mediate.
Can probate disputes be resolved outside of court?
Yes. Most cases settle through mediation. Texas probate courts encourage alternative dispute resolution to reduce cost, delay, and family conflict. We prepare clients for mediation by developing a strong factual and legal record.
What happens if an executor refuses to provide information?
Executors and trustees must provide accurate accountings and disclose material information. If a fiduciary refuses, beneficiaries may petition the court to compel an accounting, order compliance, or seek removal. Our firm frequently litigates these issues.
Why should I hire The Estate Lawyers, PLLC?
Because probate litigation requires precision, strategy, and deep knowledge of the Texas Estates Code. Our practice is dedicated to complex estate, trust, and guardianship litigation throughout Texas. We combine courtroom experience with forensic analysis, strategic discovery, and efficient case management to protect our clients’ interests and maximize results.
Trust & Estate Administration
What is estate and trust administration?
Estate and trust administration involves managing, distributing, and accounting for assets according to a will, trust instrument, or Texas law.
What is the role of a personal representative?
The representative gathers assets, pays debts, files inventories/accountings, and distributes property to beneficiaries.
Request a free consultation today.
How long does administration take?
Simple estates may close in 6–9 months; complex or trust‑heavy estates may take 12–24 months.
Request a free consultation today.
What is an Inventory, Appraisement, and List of Claims?
It is a sworn list of estate assets and liabilities filed with the probate court unless waived under Texas Estates Code.
Request a free consultation today.
Do beneficiaries have the right to information?
Yes. Beneficiaries are entitled to material information, accountings, and updates on administration status.
Request a free consultation today.
What does a trustee do?
A trustee manages trust property, invests prudently, distributes according to the trust, and reports to beneficiaries.
Request a free consultation today.
What if a beneficiary disputes the administration?
Beneficiaries may file motions to compel accountings, seek removal, or challenge fiduciary conduct.
Request a free consultation today.
When are taxes required?
Depending on estate size and income, fiduciaries may need to file federal income or fiduciary returns.
Request a free consultation today.
What happens if the representative makes a mistake?
Yes. Texas administration requires compliance with statutes, deadlines, filings, and fiduciary obligations.
Request a free consultation today.
Wills & Estate Planning
What documents are included in an estate plan?
Common components include a will, revocable trust, medical directives, powers of attorney, and beneficiary designations.
If you need guidance, speak with us immediately.
Why do I need a will in Texas?
A will controls property distribution, names executors and guardians, and avoids intestacy.
If you need guidance, speak with us immediately.
What is intestate succession?
It is the statutory distribution scheme when someone dies without a valid will.
If you need guidance, speak with us immediately.
When should I update my estate plan?
A trust created during life allowing assets to pass outside probate while retaining flexibility.
If you need guidance, speak with us immediately.
What is a revocable trust?
Every 3–5 years or after marriage, divorce, birth of children, major purchases, or life changes.
If you need guidance, speak with us immediately.
Do I need a trust?
Trusts help with privacy, tax planning, blended families, disabled beneficiaries, or complex assets.
If you need guidance, speak with us immediately.
What is a living will?
It states medical treatment preferences if you become incapacitated.
If you need guidance, speak with us immediately.
Who should be my executor?
Someone trustworthy, organized, and capable of managing financial and legal tasks.
If you need guidance, speak with us immediately.
Can I disinherit someone?
Texas allows disinheritance except for certain spousal protections.
If you need guidance, speak with us immediately.
Why hire an attorney for estate planning?
Customized planning prevents disputes, reduces tax and probate risks, and ensures enforceability.
If you need guidance, speak with us immediately.
Mediation & Arbitration
What is mediation?
A confidential negotiation process facilitated by a neutral mediator to help parties reach settlement.
If you’re facing a dispute, speak with us immediately.
What is arbitration?
A private dispute resolution process where a neutral arbitrator issues a binding or non‑binding decision.
If you’re facing a dispute, speak with us immediately.
When is mediation used in probate disputes?
Texas probate courts routinely order mediation for will contests, fiduciary disputes, and trust litigation.
If you’re facing a dispute, speak with us immediately.
What are the advantages of mediation?
Lower cost, privacy, quicker resolution, and reduced family conflict.
If you’re facing a dispute, speak with us immediately.
What are the advantages of arbitration?
Speed, confidentiality, specialized decision‑makers, and finality of outcome.
If you’re facing a dispute, speak with us immediately.
Are mediation communications confidential?
Yes. Texas law protects mediation discussions from disclosure.
If you’re facing a dispute, speak with us immediately.
Can a fiduciary be compelled to mediate?
Yes. Courts often require all parties to attend mediation before trial.
If you’re facing a dispute, speak with us immediately.
What happens if mediation fails?
The case proceeds to litigation, discovery, hearings, and trial.
If you’re facing a dispute, speak with us immediately.
Is arbitration enforceable?
Binding arbitration awards can be confirmed and enforced by Texas courts.
If you’re facing a dispute, speak with us immediately.
Why choose The Estate Lawyers, PLLC?
We bring deep probate experience to mediation and arbitration, maximizing leverage and settlement outcomes.
If you’re facing a dispute, speak with us immediately.
Insights from the Estate Frontline
Ready to Take Action?
Estate and trust disputes require immediate attention. Don’t wait. Keith Morris and his team are ready to fight for you.