The ideal scenario in the probate process is for parties to act amicably and not cause undue delay in contesting the outcomes. Unfortunately, this is not always the case. If you find yourself requiring a Houston probate dispute attorney, Porter Law Firm is here to help. With over fifteen years of helping thousands of clients through the Houston probate litigation process, we have the knowledge to guide you through any setback. Whether your case can be settled or needs full litigation, our probate attorneys in Houston will be with you every step of the way. Do not delay to get the justice you deserve. Contact Porter Law Firm to discuss with our Houston probate litigation attorneys today.
Porter Law Firm is the Representation To Choose in a Houston Probate Litigation Claim
The choice you make for your probate litigation lawyer in Houston is the most important decision you will make in your claim. Here are why our clients continue to choose Porter Law Firm:
- Knowledge of the Texas Probate Process: For an effective claim, you need a Houston probate lawyer who understands the nuances of the probate courts and Texas Estates Code. Porter Law Firm has a team that knows both.
- Proven Track Record: We let our results speak for themselves. Our clients continue to choose us for representation because they know we bring success.
- Personalized Strategies: Unlike large firms that might treat your case like a number, our probate attorneys in Houston take the time to understand the facts of your case and personalize the legal strategy to put you in the best chance for success.
- Reputation in Houston Legal System: With our success and professional demeanor, we have the relationships with the personnel at the court to effectively work your claim. The opposing party will know you mean business when they see our name.
Houston Probate Litigation Useful Links
- Examples of Probate Litigation Claims
- Removal of an Executor or Trustee in a Probate Claim
- Statute of Limitations in a Houston Probate Claim
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Examples of Houston Probate Litigation Claims
Probate is the process in which the assets of a deceased person are distributed to the remaining heirs. Pursuing litigation may be necessary if there is a dispute that arises in the probate process. This can occur for a variety of reasons, such as:
- Contests of the Will: Challenging the validity of the will can come up if an heir believes it was signed under coercion or when the deceased could not execute the will.
- Fiduciary Duties Breached by the Executor: Trust and estate executors and administrators have fiduciary duties to the beneficiaries. If an executor or administrator violates those duties by benefiting themselves, they can be brought to court.
- Disputes When No Will Exists: If there is no will, multiple parties might believe they are entitled to the remaining assets. However, there are specific Texas intestacy laws that govern these rights.
- Valuation of Assets: Family members may dispute over how family businesses or investments are valued and should be divested to the remaining family members.
- Fraud or Forgery: Legal documents might be contested if there is a belief they were fraudulently created or signatures were forged
- Debt Claims for Creditors: Creditors might come after the estate to try and recover any unpaid debts by the deceased. Litigation may be necessary to protect the assets from greedy creditors.
Navigating these disputes requires a deep understanding of probate law and estate administration. Whether you are facing litigation over an estate or need assistance managing the probate process, a Houston probate administration attorney can provide guidance to ensure the proper handling of assets and legal responsibilities.
Removal of an Executor or Trustee in a Houston Probate Litigation Claim
The Texas probate court has the right to remove an executor or trustee who does not fulfill its duties of following its fiduciary duties. The right to remove an executor or trustee is outlined in Texas Estates Code § 404.003:
“REMOVAL FOR CAUSE WITHOUT NOTICE. (a) The court may remove an independent executor appointed under this subtitle without notice if: (1) the independent executor cannot be served with notice or other processes because: (A) the independent executor’s whereabouts are unknown; (B) the independent executor is eluding service; or (C) the independent executor is a nonresident of this state without a designated resident agent; or (2) there are sufficient grounds to believe the independent executor has misapplied or embezzled, or is about to misapply or embezzle, all or part of the property committed to the executor’s care. (b) The court may remove an independent executor after the executor has been cited by personal service to answer at a time and place fixed in the notice, and the court finds that: (1) the independent executor has failed to make a required accounting or exhibit of the estate’s condition that has been legally demanded; (2) the independent executor is grossly mismanaging the estate; or (3) the independent executor has become incapable of properly performing the independent executor’s fiduciary duties due to a material conflict of interest or other causes.”
What this means is that an executor can be removed for the mismanagement of assets, failing to provide the required accounting reports, or being involved in a conflict of interest. To remove an executor, the beneficiary or other interested party is required to file a petition to the probate court. After evaluating the evidence, the court can decide whether or not the removal is justified. If so, the court can choose to appoint a successor to continue overseeing the estate.
Statute of Limitations in a Houston Probate Litigation Claim
A statute of Limitations is a strict legal deadline that is required to follow when filing a claim in court. The exact statute of limitations will vary based on the specific claim brought. For example, claims against an executor fall under Texas Civil Practice & Remedies Code § 16.004(a)(5):
“FOUR-YEAR LIMITATIONS PERIOD. (a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues: (1) specific performance of a contract for the conveyance of real property; (2) penalty or damages on the penal clause of a bond to convey real property; (3) debt; (4) fraud; or (5) breach of fiduciary duty.”
Under this statute, a beneficiary has four years when the breach is discovered to bring a claim. Missing this deadline can bar any claim from being brought at all. A failure to meet the deadlines can lead to the loss of the right to pursue legal action.
Contact A Houston Probate Litigation Lawyer Today
If you need a Houston probate litigation attorney, Porter Law Firm is here to assist you. We will guide you throughout the entire process, from helping determine what claim should be filed to making sure your claim is filed on time. Our team is diligent in reviewing the evidence and making sure that every document is properly executed. We are here to answer any of your questions at any time of day. Don’t let the time tick away. Contact Porter Law Firm today at (713) 621-0700 or fill out the form for your consultation with our Houston probate lawyers and start the path to getting what you deserve.