North Texas Probate Litigation
Banner, Briley & White
Probate is the legal process by which a person’s debts are paid and assets are distributed upon her or his death. As straightforward as that sounds, family members often find themselves in disagreement over the interpretation, administration, and management of estates and trusts.
In addition to disputes between family members and other beneficiaries, probate litigation frequently involves personal representatives of estates who are thought to be lying, cheating or stealing from the estate (breaching their fiduciary duty).
At Banner, Briley & White, we handle all types of probate litigation (filing lawsuits and defending against challenges) for clients in the Wichita Falls area and throughout the North Texas region. We have also represented individuals in circumstances where there is no will and a dispute arises as to whether a person laying a claim to an inheritance is actually a family member.
Our experience in handling difficult probate disputes is evident in our ability to balance the importance of privacy and discretion against the need to resort to the very public nature of court proceedings.
Will Contests
Generally speaking, when potential heirs or beneficiaries get little or nothing at all from a will, lawsuits often follow.
For instance, suppose that an infirm, elderly family member changes his will to leave his entire estate to his nurse. This can lead to a will challenge by the man’s eldest daughter, who claims that her father was under the undue influence of the nurse when the will was changed and it should therefore be invalidated. Will contests are filed in probate court.
Wills can be invalidated for a number of reasons, including:
- The will was not properly drafted, signed or witnessed according to the formal requirements of Texas law
- The decedent did not have the necessary mental capacity when the will was created
- Fraud, force or undue influence was exerted on the decedent when the will was created
- The will is a forgery
If the probate court finds that the will is invalid, the probate court either invalidates it in its entirety or invalidates particular provisions. When the entire will is found to be invalid, the proceeds are usually distributed under the Texas laws of intestacy (“descent distribution“).
Breach of Fiduciary Duty
Texas law uses the term “personal representative” to refer to the person appointed by the court to administer the estate and to distribute the estate according to the terms of the will or pursuant to the terms of the intestate succession laws.
In essence, personal representatives are held to very high standards of integrity, ethics and accountability. When a personal representative fails to comply with the laws which govern their duties as a fiduciary, a lawsuit can be filed in civil court and the person may even face criminal charges.
There are a number of things that personal representatives cannot do, including:
- Depositing estate funds into a personal account
- Placing estate assets in a personal safe deposit box
- Mixing the assets of one estate with another
- Taking title to estate assets without indicating status as an executor or administrator
- Distributing assets to a beneficiary without prior court approval
Descent Distribution
When a person dies intestate (that is, without a will), the Texas descent and distribution laws determine who receives the decedent’s property. Typically the distribution is to the decedent’s spouse and the children, or if none, to other family members. Disputes frequently arise when a person shows up out of the blue, claiming to be the spouse or distant family member of the decedent.
For example, Mrs. Smith dies. Her husband has a long term relationship after her death with another woman (unbeknownst to Mrs. Smith’s children). When Mr. Smith dies without a will, the children expect to inherit his estate through descent distribution, but the longtime companion shows up and claims the estate proceeds because she is the late Mr. Smith’s second wife. The children challenge her claim in probate court claiming they were never husband and wife.
Contact Information
To make arrangements for a consultation, call our Wichita Falls, Texas, law offices directly at 940-692-5000. If you'd prefer to send us an e-mail, by all means do and someone from our office will get back to you soon.
