Estate Litigation

Will Contests

A will contest occurs when an interested party wants to dispute the validity of a will that has been offered for probate. The party offering the will for probate can choose to defend the will. The outcome of a will contest will either be determined by a judge, jury, or the parties involved if they choose to settle.

Contesting the Appointment of an Administrator

An interested party can apply to be the administrator of an estate, but certain other interested parties can contest the appointment of that individual. The outcome of this type of dispute will be determined by a judge, jury, or the parties involved if they choose to settle.

Contesting the Determination of an Individual as Heir to an Estate

Some estates may require a determination of who the heirs are. A dispute may arise as to the legitimacy of an alleged heir or the omission of an heir. The outcome of this type of dispute will be determined by a judge, jury, or the parties involved if they choose to settle.

Reverse Mortgage and Traditional Mortgage Foreclosure on Estate Property

Mortgage foreclosures on estate property are not uncommon, and typically occur when the loan is in default. Taking action as soon as possible is important for preserving the value of the asset.

Suing an Executor or Estate Administrator

Executors and estate administrators have a fiduciary duty to act in accordance with the law of the state of Texas and to do what is in the best interest of the estate that they represent. A violation of their fiduciary duty may require legal action. The outcome of this type of dispute will be determined by a judge, jury, or the parties involved if they choose to settle.

These are just some of the common types of disputes that can arise involving an estate. Understanding any specific legal matter requires a consultation with a licensed and experienced probate attorney. To schedule a consultation to discuss your particular Estate Litigation Matter with Attorney Steven K. Schwartz II, give us a call or fill out the contact form below.