Probate & Related Litigation:
In a perfect world, the administration of assets following one’s death would be a seamless process. However, in some cases, probate litigation is needed to contest a will or right a wrong. At Moravcik, Threadgill & Starry, we offer probate litigation to help you through the process. During probate litigation, an individual may contest a will or trust based on a perceived wrong.
Any time you are concerned about what a loved one has done or is doing with their estate, you should consult a probate litigation attorney. Moravcik, Threadgill & Starry has probate and estate lawyers ready to help ensure that wills and estates are executed correctly. Similarly, if you are an estate’s executor or trustee, you should consult a probate litigation attorney when someone is questioning how you are administering a trust, will, or estate. Probate litigation attorneys are often called upon to resolve issues such as:
Contesting a Will: If a will is changed under suspicious circumstances or if an unexpected person is made a beneficiary, our probate litigation attorneys can assist in ensuring that the change is the will of the grantor. Additionally, if a will, trust, or estate plan contains omissions or mistakes, probate litigation is needed to resolve the issues.
Undue Influence: One of the most common reasons for contesting a will is undue influence, in which someone in a position of power or trust takes advantage of another person. This often means that the influenced person did not have sufficient mental capacity to change a will that was made when her or she was of sound mind. Under such circumstance, the document may be challenged.
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If you have any concern about the legality of a will or trust, contact Moravcik, Threadgill and Starry today. Our experienced probate litigators can help you in your probate and estate litigation.
The state of Texas provides for independent administration of wills and estates free of court supervision. After an independent executor or administrator is approved and an inventory of estate assets (or an affidavit in lieu of an inventory) has been filed, the executor or administrator can take care of the administration of the estate without further court involvement or supervision. Those who cannot be independent administrators are those who are incapacitated, felons, nonresidents who have not appointed a resident agent, or any other person the courts have found unsuitable.
Should someone die in Texas without an established will, the courts require that the estate be subject to a dependent probate administration. In dependent administration, the court-appointed administrator needs the court’s supervision and authority to conduct any action in the probate process.
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