Estate Litigation Lawyers serving clients throughout Texas
At The Johnson Firm, P.C., our experienced Texas probate and estate litigation attorneys help clients navigate complex and often emotional legal disputes after the loss of a loved one. We represent individuals who need to challenge a will, contest the appointment of an executor, or resolve disputes involving a trust or trustee.
The attorneys at the The Johnson Firm, P.C. understand the difficulties clients face when dealing with the death of a loved one and seek to take some of the burden off individuals and families who are going through a difficult time. Contact our team of proficient and experienced attorneys to gain knowledgeable advice and strong legal representation in probate court.
Challenging a Will
A will contest occurs when an heir, devisee, creditor or otherwise interested party presents a legal argument asking the court not to honor the terms of the will admitted to probate. Common grounds for challenging a will under Texas Estates Code include:
- Discovery of a later-executed will or written revocation.
- The testator lacked mental capacity at the time of signing.
- The will was procured through undue influence by another person.
- The will is based on a material mistake of fact.
Our attorneys can assess the facts of your case, explain your legal options, and represent you in court to protect your inheritance rights.
Challenging an Executor
An heir, devisee, creditor, or otherwise interested party can ask the court not to appoint someone as executor or to remove someone who is serving as executor. It is generally easier to block an appointment than to remove an executor after the court has confirmed them.
Under Texas law, the reasons a person is considered unsuitable to serve as executor if they:
- Have a conflict of interest with the estate.
- Have a history of dishonesty, fraud, or mismanagement of finances.
- Are in serious conflict with the beneficiaries of the estate.
- Have engaged in self-dealing or misconduct in prior fiduciary roles.
- Demonstrate hostility towards the beneficiaries of the estate.
If you believe an executor is unfit, our lawyers can take swift legal action to protect the estate.
Challenging a Trust or Trustee
We represent both trust beneficiaries and trustees in disputes over the administration of trusts. Common issues include:
- Accounting errors or incomplete records.
- Improper or delayed asset distributions.
- Breach of fiduciary duty.
- Disagreements over interpretation of trust terms.
Because trust litigation in Texas involves strict deadlines and detailed filings, having experienced legal counsel is critical.
Contested Guardianship
A contested guardianship often arises when family members disagree about whether a person is incapacitated or about who should serve as guardian. These disputes may involve medical evidence, claims of undue influence, or arguments that a proposed guardian is unqualified under Texas law.
Our attorneys handle these sensitive matters with compassion while vigorously advocating for our clients’ interests.
Contact Our Firm Estate Administration and Probate Litigation Attorneys
For assistance, please call the Johnson Firm (972) 299-3488. Our attorneys look forward to speaking with you and discussing your needs.
