Cleburne Estate & Probate Litigation Attorney

Cleburne Estate & Probate Litigation Lawyer Serving Texas

Addressing and resolving legal issues related to the death of a loved one can be a complicated process, no matter the situation. Probate and estate administration will often involve multiple types of legal and financial concerns, including determining the extent of the deceased person's assets, identifying beneficiaries who have the right to inherit property, notifying all parties who may have a claim against the estate, and transferring ownership of multiple types of assets. During this process, a variety of different types of disputes may arise, and in some cases, litigation in court may be necessary to resolve these matters properly.

Estate, probate, and trust litigation can be complex and expensive. If you are an executor, trustee, or beneficiary, you may be unsure of how to address and resolve different types of disputes that you may encounter during the estate administration process. In these situations, it is important to understand the legal issues involved and to consult with an experienced estate planning attorney. At Cain & Kiel Law, we work to make estate-related matters as simple and easy as possible. We can provide representation during probate and estate litigation, and we will work to ensure that a deceased person's wishes will be followed while advocating for the rights and interests of our clients.

Addressing Disputes Involving Wills and Trusts

When disputes arise between family members or other parties following a person's death, it may be possible to negotiate agreements and resolve these matters amicably. The parties may be able to use mediation to find solutions that are agreeable to everyone involved. In some cases, discussing the issues, reviewing the instructions the decedent left in their will and other estate planning documents, and addressing the concerns of different family members will allow a family to resolve these types of disputes. However, if agreements cannot be reached, or if one party believes that another has acted illegally, it may be necessary to address these issues in court.

Estate litigation may address multiple types of issues, including:

• Will contests - There are many cases where one or more beneficiaries may be unhappy with the decisions a person made about how their assets should be distributed to their heirs. However, as long as a will was valid and executed properly, its terms must be followed. There are some situations where beneficiaries may be able to challenge the validity of a will based on issues such as lack of testamentary capacity or undue influence.
• Breach of fiduciary duty - An executor or trustee has the responsibility to properly manage the assets in an estate or trust and protect the financial interests of the beneficiaries. If a person acted improperly, such as by mismanaging assets, using the assets in their control to enrich themselves, or failing to properly distribute assets to beneficiaries, they may be held liable for their failure to carry out their legal duties correctly.
• Creditor claims - If a person had outstanding debts at the time of their death, their estate is generally responsible for paying these debts. Creditors will be given the opportunity to collect debts before the estate's assets are distributed to beneficiaries. In some cases, secured creditors may have a claim against certain types of property, such as a house or car, and these claims may need to be addressed before ownership of these assets can be transferred to beneficiaries. Litigation may be necessary to resolve any disputes that arise regarding claims made by creditors against an estate.

Contact Our Cleburne Estate Litigation Attorneys

If you are involved in the administration of a loved one's estate and need assistance with estate or probate litigation, Cain & Kiel Law can help. We have experience handling all types of estate-related matters, including will contests, breach of fiduciary duty claims, and creditor claims. Contact us today at 817-645-1717 to schedule a consultation to discuss your case. We can assist with estate administration and litigation in Hood County, Cleburne, Tarrant County, Parker County, Hill County, Bosque County, Granbury, Johnson County, Fort Worth, Stephenville, Hillsboro, and Weatherford.