Texas Probate Litigation

Will Contest

Will contests can involve bitter disputes between family members. If you wish to contest the terms of a will, it is important to have competent legal counsel. At Law Offices of Daniel J. MacNeil, PLLC we have represented clients in will contests and other types of probate litigation for over a decade.

In will contests, our law firm represents both potential heirs who have been disinherited and Executors defending the will. Our law firm is able to address every type of will contest, including:

  • Undue influence: A will is not valid when the person signing the will is controlled or dominated by another.
  • Lack of capacity: If the deceased did not have proper capacity to execute his or her will, the will is not valid.
  • Technical defects in the will: Every will must conform to a number of legal requirements. The failure to do so can invalidate the will.
  • Allegations of forgery or the existence of conflicting wills: Our lawyers will do the investigation necessary to get to the heart of the matter.

Texas Trust and Estate Litigation Law Firm

Trusts are a useful estate vehicle designed to protect assets and preserve wealth. The trustee of a trust has a fiduciary duty to the trust’s beneficiaries. These fiduciary duties generally include a duty to invest and manage the assets prudently, a duty of impartiality, a duty of loyalty, a duty to refrain from self-dealing, and other important duties.

Many trust disputes surround the actions of the trustee. When the trustee engages in self-dealing, fraud or otherwise mismanages the trust, he or she is in violation of his or her fiduciary duties. For instance, a trustee should not sell trust assets to his or her own business for less than fair market value. Other types of trust litigation could involve accounting issues, the validity of a trust, or other types of mismanagement.

Whatever your situation entails, if you are about to engage in trust litigation, it is critical to work with experienced attorneys. The Dallas law firm of Fisher & Welch serves clients throughout Texas and beyond in trust litigation.

We Offer Substantial Experience in Texas Probate Courts and Civil Courts

Bexar County Probate Courts, generally handle Probate litigation. The practice of law in Probate Court is substantially different from that in other civil courts. The judges in these courts have significant experience hearing various types of probate disputes. Further, these cases are typically resolved much faster than civil disputes heard in District Courts. Our Law Firm has handled many cases in Probate Court.

In the surrounding counties of the Hill Country trust litigation is primarily handled by the District Courts. District Courts handle many different matters other than trust litigation. Our attorneys has also handled many cases before these courts.