Texas Probate System

The Texas probate system is complex and unique. It is best to consult with an experienced attorney who can effectively answer your questions and guide you through the legal process from negotiation to litigation.

Our Dallas, Fort Worth, Denton County and Collin County probate litigation lawyers can listen to the facts of your situation and provide valuable insight into how you must proceed.

At Spencer, Johnson & Harvell, PLLC, we understand that losing a loved one can be a challenging emotional time. Unfortunately, it is not uncommon for disputes to arise around estate administration, the validity of a will or the effectiveness of a trustee.

When disputes arise, it is crucial for you to call a skilled wills and trusts contest attorney, who can guide you toward a successful resolution.

Will And Trust Lawyer

Daily, we see disputes in the following four areas, and beyond:

Will Contests

Post-death and after someone has offered a Last Will & Testament for probate, children, prior beneficiaries and others who believe they have an interest in the property of the Decedent (his or her Estate) can and do contest the validity of a will. The most common bases for contesting a Will is that the Decedent lacked the testamentary capacity to execute the Will when it was signed or was unduly influenced to execute a Will that he or she would not otherwise signed but for the undue influence; other grounds include forgery and fraud. These are very fact driven reasons to contest a Will and require extensive development of evidence to support such claims.

Trust Contests

Similar to a will contest, a trust contest involves claims that a Trust agreement or its amendment is not valid based upon a lack of mental capacity, undue influence and forgery. A claim may also be based upon the failure to create the trust due to it never being funded.

Guardianship Contests

There are two types of guardianships in Texas. A guardianship of the person and guardianship of the estate. Anyone can inform the court of a need for a guardian or file a guardianship themselves if they believe a relative, friend or acquaintance is substantially unable to care for or is a danger to himself, herself or others. Once a guardianship proceeding is filed, a proposed ward will, statutorily receive representation by an attorney via court appointment, also known as their attorney ad litem. There can be a dispute as to whether that person lacks some amount of capacity or their capacity can be undisputed, but create a "fight" (litigation) over who should be appointed their guardian of the person or estate or both. All powers of attorney are suspended once a guardianship is filed and can be terminated if a guardian is appointed.

Fiduciary Litigation

We sue fiduciaries for failing to perform or breaching their fiduciary duties as executor, administrator, trustee or guardian but we also defend them when they have been accussed of not performing or breaching their fiduciary duties and we have seen a little of everything such a wide variety of litigation.