If you want to pursue legal action for the mismanagement of your loved one’s estate after they passed away, do not hesitate to contact Staubus, Blankenship, Legere and Walker PLLC. Our legal team is ready to represent you in your case to resolve the issue you have with the administration or distribution of the estate plan your loved one created.
Unfortunately, settling someone’s estate upon their death doesn’t always go as smoothly as planned. Even if your relative created all the necessary documents, such as a will, a family member might wish to challenge the way the estate was handled or paid out. You might have to go to court to ensure proper distribution of the assets or resolve a dispute that arises.
At Staubus, Blankenship, Legere and Walker PLLC, our Richardson estate litigation lawyers have over 100 years of combined experience in estate matters. Whether you are the administrator, beneficiary, executor, heir, or relative of the deceased, it is your right to challenge the administration of the estate if you believe someone didn’t handle it correctly.
For a confidential consultation to learn more about what we can do to help you, call us at (214) 833-0100 today.
Why Hire Staubus, Blankenship, Legere and Walker PLLC?
As a surviving family member, you face a complicated and overwhelming process after losing a loved one. You’re not only grieving someone’s death but also making funeral arrangements while settling matters regarding their estate. The responsibility can become a significant burden, especially if you’re handling it alone.
Unfortunately, arguments within the family are common and can occur when someone disagrees with who should receive which assets. If there’s any type of dispute and you can’t seem to reach a resolution amicably, you might have to proceed with a lawsuit.
Estate administration isn’t as straightforward as it might seem. Even if your loved one has a will indicating their final wishes and how they want their property handled, you still have to go through the probate process. Probate involves a judge validating a person’s will and authorizing the distribution of the assets to beneficiaries and heirs.
Staubus, Blankenship, Legere and Walker PLLC can represent you in your case if you want to contest the will or resolve another issue between you and your family. Whether you weren’t included in the will and believe you are entitled to certain assets or the executor of the estate didn’t distribute property according to your loved one’s wishes, you can depend on us to help.
Common Disputes During Estate Administration
You could face numerous issues while going through probate after the death of your family member. The most common estate administration disputes an estate litigation lawyer in Richardson, Texas, can handle are below.
Breach of Fiduciary Duty
Trustees, administrators, and executors must uphold their fiduciary duty to any beneficiary and decedent while managing a person’s estate. That means they are responsible for administering the estate correctly and distributing the necessary assets to the appropriate individuals named in the will.
Unfortunately, someone the deceased thought they could trust can take advantage of their access to the property left behind and take assets that don’t belong to them for themselves. They might choose to gift estate funds to themselves or commingle assets from the estate with their personal assets.
No matter how the breach of fiduciary duty occurred, you have a right to pursue a case against the administrator, trustee, or executor who committed the breach.
Contest the Will
You could contest a will if you want to challenge its validity. There are various grounds you can use to contest a will, such as:
Disputes Involving Heirs and Beneficiaries
If you believe your relationship with the deceased gives you the right to receive estate assets, you could file a claim. You will need to provide evidence to prove you are entitled to the property as a beneficiary or heir. Staubus, Blankenship, Legere and Walker PLLC could help you build a strong case to pursue the assets that are rightfully yours.
Claims Against the Estate
A creditor could pursue a claim against the estate if the deceased died with significant debt. This can delay the process of distributing the assets to named beneficiaries.
As a beneficiary, administrator, or executor, you could dispute the creditor’s claim with help from an estate litigation lawyer in Richardson, TX.
Staubus, Blankenship, Legere and Walker PLLC also represents clients in estate litigation cases, such as:
- Executor fee claims
- Will distribution claims
- Guardianship disputes
- Estate accounting
- Personal representative appointment
- Conservatorship disputes
- Formal accounting
- Executor misconduct
Estate Litigation Frequently Asked Questions
Many people don’t understand how to handle estate administration following a loved one’s death. It can involve various complex matters and issues you need to resolve. You will likely lose your case if you’re unsure where to start or what legal procedure you must follow to pursue a case.
You should consult one of the Richardson estate litigation lawyers from Staubus, Blankenship, Legere and Walker PLLC to determine whether we can help. Below are the most common questions we receive so you know what to expect.
Do I have to go to trial to settle my estate administration case?
It depends. It’s possible to mediate a range of estate disputes outside of court. Some judges require beneficiaries and heirs to go through mediation to resolve their issues before pursuing a lawsuit.
However, even after attempting to settle the matter among yourselves, you can still face challenges reaching some sort of agreement. When that happens, you might have to proceed to trial for a judge or jury to issue a judgment.
Who has the legal right to contest a will?
Texas law allows an interested person to contest a will. An interested person can include:
- Creditor
- Heir
- Devisee
- Spouse
- Another individual with a right to estate administration or claim against the estate
Is there a deadline to contest a will?
Yes. Once the probate process starts, you have two years to contest a will. However, you don’t have to wait for probate to begin. You can pursue a case before the will goes through probate and the court has validated it.
Speak to an Experienced Richardson Estate Litigation Lawyer
If you want to challenge a matter with your loved one’s estate or resolve a dispute involving a family member, executor, or heir, contact Staubus, Blankenship, Legere and Walker PLLC immediately.
You can count on a dedicated and knowledgeable estate litigation lawyer in Richardson, TX, to advocate for your rights and try to reach your desired outcome.
Call (214) 833-0100 for your confidential consultation today.
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