Texas Probate & Trust Litigation Legal Guides
Articles and commentary on estate, trust, and fiduciary litigation, including contested wills, trust disputes, fiduciary misconduct, and complex wealth-transfer issues across Texas.
Texas Probate & Trust Litigation Legal Guides
Articles and commentary on estate, trust, and fiduciary litigation, including contested wills, trust disputes, fiduciary misconduct, and complex wealth-transfer issues across Texas.
Understanding Will Contests in Texas: A Guide for Heirs and Beneficiaries
When a loved one passes away, emotions run high—and confusion often follows. One of the most difficult situations for families is discovering that a will doesn’t reflect what their loved one truly intended. At Baxter-Thompson Law PLLC, we represent heirs and beneficiaries throughout Texas in will contest and estate litigation matters, including contingency-fee representation for qualified cases.
The Role of a Trust Litigation Attorney in Protecting Your Inheritance
When families face questions about a loved one’s estate, the focus often begins with the will. But in many cases of undue influence or elder financial abuse, the manipulation runs deeper — extending beyond a will to include revocable or irrevocable trusts created late in life.
These layered estate plans are often designed to give the influencer an extra shield against a ….
Successful Strategies for Contesting a Will in Court
Challenging a will is never just about money—it’s about truth, fairness, and honoring your loved one’s true intent. If you believe a will was signed under suspicious circumstances, you have legal options. Contesting a will in Texas can be complex, but with the right strategy and an experienced probate litigation attorney, it’s possible to protect your inheritance and restore justice.Read More
Can I Hire a Will Contest Lawyer on a Contingency Fee Basis in Texas?
If you believe you were unfairly excluded from a will, or suspect undue influence, lack of capacity, or fraud, you may be considering a will contest in Texas. One of the first questions most people ask is whether they must pay a lawyer up front. The answer depends on the facts of the case, the evidence available, and the size of the potential recovery.Read More
Resources
Handbook For The Fiduciary: Counseling Executors and Trustees
This article contains two Handbooks: Handbook for Independent Executors and Handbook for Trustees. These Handbooks are designed for lawyers to use as a guide in advising their clients as to their fiduciary duties when serving in these capacities. They do not cover every possible issue that can arise; that would take volumes and render any “handbook” unwieldy. Rather, these Handbooks are designed to cover the most common duties, responsibilities, and powers of an Independent Executor during the course of the administration of a solvent estate and of a Trustee during the administration of a trust.
Protecting The Rights of Surviving Spouses: A Handbook
This article provides the attorney with information pertaining to most issues arising when representing a surviving spouse in an estate. The attorney will also find numerous practical forms to assist them.
Fiduciary Compensation: Guide For The Executor and Guardian
Fiduciaries whether they are administrators, executors, guardians, or trustees, shoulder an immense responsibility when they take the oath and put on the cloak of fiduciary. This paper will focus principally upon the statutory compensation to be paid to executors, administrators, guardians and trustees in Texas and will only briefly comment on the statutory compensation to be awarded to certain other “special representatives” or fiduciaries in probate cases such as community administrators, guardians or attorneys ad litem, probate receivers, ancillary personal representatives, or statutory custodians acting under various statutes of this state. This paper also does not discuss any expenses or costs to which the personal representative might also be entitled to receive in an administration.
Litigation Involving Powers of Appointment
Powers of appointment are often used by estate planners in tax planning as well as to allow for flexibility to address future circumstances unforeseen at the time of their creation. Some planners include these powers in trusts to permit decanting. Historically, powers of appointment have rarely been the subject of litigation. The sparse caselaw involving this device confirms this point. However, the issue of a beneficiary’s standing to demand an accounting or sue a trustee if their interest is subject to a power of appointment has arisen more and more. Other potential litigation issues include challenging the creation of a power of appointment (rarely litigated) and challenging the exercise of a power of appointment (more frequently litigated). This article will address both the standing concerns as well as the potentially litigated topics of whether a power is created and whether it was properly exercised.
Standing Issues In Probate & Guardianship Litigation
A person’s “standing” to participate in probate proceedings can be challenged to exclude anyone not having a financial interest in the estate, or otherwise known as a “mere meddlesome intruder.” Womble v. Atkins, 160 Tex. 363, 331 S.W.2d 294, 296 (1960). In a guardianship proceeding, the focus is on the best interests and welfare of the proposed ward and a person’s standing can be challenged on the basis of an adverse interest to the ward’s welfare and best interests. See Estates Code §§ 1002.018, 1055.001. Special procedures and requirements have developed by which to challenge a person’s standing in a guardianship or decedent’s estate. This concept of standing in probate proceedings differs from that found in other civil court actions. It does not involve the court’s subject matter jurisdiction and may be waived if not challenged at the appropriate time. This article will explore the concept of standing as it has evolved through court decisions relating to decedent’s estates and guardianships
Handbook for Independent Executors and Handbook For Trustees
Handbook for Trustees This handbook is designed for lawyers to use as a guide in advising their clients as to their fiduciary duties when serving in these capacities, covering over the most common duties, responsibilities, and powers of a Trustee during the administration of a trust., Author / Presenter, Handbook for the Fiduciary, Advanced Estate Planning and Probate Seminar, State Bar of Texas, 2019 Handbook for Independent Executors This handbook is designed for lawyers to use as a guide in advising their clients as to their fiduciary duties when serving in these capacities, covering over the most common duties, responsibilities, and powers of an Independent Executor during the course of the administration of a solvent estate., Author / Presenter, Handbook for the Fiduciary, Advanced Estate Planning and Probate Seminar, State Bar of Texas, 2019
Considerations When Choosing a Power Of Attorney Or Guardianship
Considerations When Choosing a Power of Attorney or Guardianship, Co-Author, Considerations When Choosing a Power of Attorney or Guardianship, Headnotes, Dallas Bar Association, 2013
Preservation of Error in Offering And Excluding Evidence
Co-Author, Entitled “Preservation of Error in Offering and Excluding Evidence,” 2006, Co-Author, Preservation of Error in Offering and Excluding Evidence, 2006