Wills And Trust Lawyers

A Winning Team That Is Ready To Fight For You

At Spencer & Johnson, PLLC, our success in estate litigation is attributed to the time and energy we put into each case, along with the strength of our client relationships.  Further, our competitive nature and our utter disdain for losing motivates us to prepare and fight hard for you to get results.

Call Spencer & Johnson, PLLC Today at (972) 426-9521

Our Practice Areas:

Will Contests & Estate Administration

A Will is one of the most important documents a person will sign in their entire life. A person’s right to execute a Will cannot be abridged. But, when a Will does not express a testator’s true intentions, it can be contested. The primary bases for contesting are lack of testamentary capacity, undue influence, fraud or forgery. A will has no effect until after the testator dies and it is admitted to probate. Do not assume that just because a Will was signed, it is valid. There are technical requirements that must be met for a Will to be valid. Handwritten Wills may also be valid. We can defend your loved-one’s testamentary desires by contesting bogus Wills or defending valid ones.

If a person dies with a Will, he or she is considered to have died testate. Contrarily, if a person dies without a Will, he or she is considered to have died intestate. If testate, after a Will is admitted to probate, usually, an independent executor is appointed. The independent executor will receive Letters Testamentary evidencing his, her or its court authority to act on behalf of the Estate. The independent executor usually serves without court-supervision and without bond and is duty-bound to follow the law and the terms of the Will. The only check on the independent executor is their honest, integrity and commitment to abide by their fiduciary duties.

If intestate, a court may appointed an administrator (as opposed to an executor) to perform all the duties of an executor, but with court supervision. The latter means the Administrator, who receives Letters of Administration, must seek and obtain court approval. When a person in Texas dies intestate, no Will exists to dictate how that persons property shall pass, post-death. The state of Texas writes a Will for them, by statute and the Court must determine the heirs of the decedent. A Judgment Declaring Heirship will pass title to the decedent’s property to his lawful heirs.  After all heirs are determined, the Court may appoint an independent administrator to administer the Estate without bond or court-supervision. We can provide good and valuable advice to those serving as an executor or administrator to make sure all duties are properly performed.

Trust Contests & Trust Administration

We help stop such abuse of trust to safeguard valuable possessions in the trust through legal action. If you feel that your trust or a loved one’s trust is being mismanaged or that your trustee has abused the position, or if you have been accused as trustee of mismanaging a trust or embezzling from a trust, Spencer & Johnson, PLLC can advise you and defend you from such allegations.

 

Defending a Will

We stand up for our clients, and will always show up in suits. We do what we can to give us the edge! When a Will you have offered for probate has been contested, we would be proud to represent you in defending its validity either by presenting evidence that it was executed properly with the decedent having his or her capacity or that there was no undue influence. We are ready to go to work for and fight to uphold the will that you believe to be the true last will of a decedent.

When you consult with Spencer & Johnson, PLLC

You can expect us to treat you with compassion and respect. We will give you personal service and welcome your participation in the preparation of your case. We recognize how important it is to protect the intentions of the ones you care for the most and to protect your inheritance. Our team is known for fighting to correct the injustice of an invalid will that does not reflect the decedent’s true intentions.

We will work to develop a legal strategy that will effectively address your concerns and work to resolve your issues, hopefully, through a family settlement agreement. If the opposing party is unresponsive to our requests or to amicable negotiation, we will not hesitate to pursue them aggressively in an effort to promote your best interests in court.

Call Us Today to Set An Appt. at (972) 426-9521

Dallas Probate Attorneys

Spencer & Johnson, PLLC, invites you to contact our law office today to schedule a free consultation regarding your estate and trust matters.

We are located in Dallas, but we travel throughout Texas to serve our clients. Our business hours are Monday through Friday from 9 a.m. to 5:30 p.m., and evenings and weekends by appointment. Ask us about our hourly and contingency fees.

Contact us

For excellent and caring representation at reasonable rates, contact us today.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.