Estate Litigation & Disputes
“In 2001, decedent took his original copy of the 1997 will, urinated on it and then burned it. We hesitate to speculate how he accomplished the second act after the first. In any event, decedent’s actions lead to the compelling conclusion he intended to revoke the 1997 will.”
Justice Gilbert, California Court of Appeal, 2nd District
- Probate litigation includes will contests (determining whether a will is valid, or which will is valid if there are multiple purported wills) and litigation over the claims and obligations involved in the probate process.
- Will Contests are challenges to the legal status of a purported will on several grounds under Texas law, including:
- mental capacity, where the person who signed the will lacked the understanding required by law to sign the document on the date it was signed,
- undue influence, where another person improperly pressures someone into making a will that does not reflect their true wishes
- fraud or forgery, and/or
- improper execution of the will.
- Other probate litigation includes:
- finding and reimbursing the estate or heirs for missing, stolen, or mismanaged estate assets,
- petitioning the court to force an executor to act, if the executor has failed to do their job, or has failed to act in a timely manner,
- petitioning the court to remove an executor for failure to act or improper acts,
- disputes regarding debts of the decedent, and litigation against creditors,
- determining and tracing separate and community property within an estate,
- petitioning the court to award ongoing support for a surviving spouse or child, and
- any other litigation over estate property and debts.