A probate dispute is often difficult as the issues involve close family members and beloved assets close to the family. Disputes may get emotional, but it’s important that your legal position is analyzed and protected. If you find yourself in the middle of a Houston probate dispute, a Houston probate litigation attorney can provide the legal representation needed to protect your interests. Porter Law Firm is here to assist.
Porter Law Firm understands the complexity of these disputes and will effectively represent you throughout the probate process. We will be there for you every step of the way and treat the issues with a firm yet sensitive method. Don’t hesitate to assert what you are entitled to.
Contact our Houston probate dispute attorneys today and learn how we can help you.
Why Porter Law Firm is the Go-To Choice for a Houston Probate Dispute Attorney
If you need legal representation in a Houston probate dispute, consider Porter Law Firm as your choice. With thousands of satisfied clients and results that speak for itself, we take pride in continuing to represent the Houston community in these disputes. Here is why our clients continue to choose Porter Law Firm:
- Experienced Attorneys: Led by Brad Porter, we have a team of experienced attorneys who understand Houston probate disputes. For over 15 years, our firm has successfully represented our clients in these matters.
- Personalized Legal Representation: Unlike large corporate firms, we take the time to understand your case and cater the legal strategy to your case and goals.
- Resolution Without Unnecessary Litigation: Probate disputes take a lot of time and resources. We understand that quick resolution is often desired for family assets, and we utilize our strong mediation and negotiation skills to swiftly preserve family relationships.
- Understanding of Probate Law: We know the Texas probate laws inside and out and can assist you in will contests, trust disputes, and keeping executors accountable.
What is a Houston Probate Dispute?
Probate disputes are conflicts that arise when determining how to administer the estate of someone who passed away. The survivors of the deceased will have disagreements over how the remaining assets are to be divided up. Probate disputes are particularly difficult because they typically involve related family members, bringing a different level of emotional complexity than most disputes. They also are challenging because the intent of the deceased is often in question. Tactics of fraud or deception can come into play and create uncomfortable situations among the surviving parties.
Probate disputes can arise for various reasons. Some cases that we have seen at Porter Law Firm include:
- Will Contests: A family member contests the will by claiming that the decedent had the will executed under duress from another relative.
- Executor Breach of Fiduciary Duty: Beneficiaries may bring issue if the executor breaches their duties by using the trust assets for their own gain.
- Succession Rights: Intestate laws provide governance over who is entitled to the distribution of the state. Conflicts may arise if one heir believes they have precedent over another.
- Unclear Instructions: Heirs may dispute if it’s unclear in the will as to who receives unnamed assets.
Will Contests in Houston Probate Disputes
Will contests are a common type of Houston probate dispute. They are often at the center of probate disputes since they challenge the validity of the estate plan. Will contests are set out in Texas Estates Code § 256.204:
“Except as provided by Subsection (b), a person interested in an estate must file a complaint or contest the validity of a will being probated not later than the second anniversary of the date the will was admitted to probate.”
Will contests challenge that the will does not accurately reflect the intentions that the deceased had for their surviving assets. Some examples of will contests include lack of capacity if the testator had dementia, undue influence such as if a caregiver manipulates the deceased to sign a will, fraud if the will is alleged to be forged, or improper procedure due to lack of witnesses. If the probate court rules in favor the challenger, the will can be invalidated or certain assets can be determined to be left to the challenger.
Statute of Limitations in Houston Probate Disputes
The statute of limitations is a legal principle that sets out the required legal deadline for a plaintiff to file a case in court. A Houston tax and estate planning attorney can help ensure you meet these deadlines and protect your inheritance rights.
For Houston probate disputes, this will vary depending on the nature of the claim. For example, the statute of limitations for will contests are set out in Texas Estates Code § 256.204:
“(a) Except as provided by Subsection (b), a person interested in an estate must file a complaint or contest the validity of a will being probated not later than the second anniversary of the date the will was admitted to probate. (b) A person who is not a party to a proceeding in which a will is admitted to probate and whose interest is adversely affected by the probate of the will may file a complaint or contest the validity of the will not later than the second anniversary of the date the interested person receives notice under Section 258.051.”
What this means is that a party challenging the validity of the will has two years from the time the will was admitted to probate, provided that time can be tolled or paused until the fraud was discovered. In other types of claims, the statute of limitations can be four years from the date of the incident, such as when a beneficiary brings a claim against an executor of a trust.
Contact A Houston Probate Dispute Lawyer Today
Probate disputes are emotionally charged due to the sentimental value of assets and the involvement of the family. At Porter Law Firm, we understand that most clients in a Houston probate dispute want a swift resolution that does not drag on when family members are already looking to mourn the death of their loved one. We understand the nuances of Houston probate laws. Whether it’s a will contest, claim against an executor, or dispute over specific assets, we utilize the facts in your case and the relevant Houston probate laws to negotiate a deal with other parties staking claim to relevant assets. Trust us to get you what you deserve. Contact Porter Law Firm today for your consultation.