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 challenge, forcing heirs and beneficiaries to set aside multiple documents before the truth — and their rightful inheritance — can be restored.

At Baxter-Thompson Law PLLC, we have extensive experience representing clients in both will contests and trust litigation throughout Texas. We understand the complex differences between the two — and how to strategically unwind even the most carefully orchestrated schemes.

Why Trust Litigation Is Different from a Will Contest

While both wills and trusts are used to transfer assets, contesting a trust is not the same as contesting a will.

• Different Legal Procedure:
  A will contest is filed in probate court under the Texas Estates Code, while trust contests are filed as separate civil lawsuits — often in district court — under the Texas Trust Code. Each has its own procedural rules, discovery tools, and remedies.
• Different Capacity Standards:
  The mental capacity required to create a valid trust can differ from testamentary capacity. Proving incapacity or undue influence in the trust context often involves analyzing multiple transactions, amendments, and restatements — not just a single signing event.
• Multiple Layers of Protection:
  Influencers frequently use trusts to “lock in” control — changing trustees, retitling assets, or designating themselves as beneficiaries. These actions can make it harder to trace wrongdoing unless your attorney understands the fiduciary and tax implications behind each move.

Because of these distinctions, you need more than just a probate lawyer — you need a Texas trust litigation attorney who knows how to navigate both the Estates Code and the Trust Code.

Signs You May Need to Contest a Trust

If you suspect someone manipulated your loved one into changing their estate plan, the following red flags often appear:

• A new trust or amendment executed late in life, cutting out long-standing heirs
• A caregiver, child, or advisor suddenly named as trustee or primary beneficiary
• Transfers of property or accounts into a trust shortly before death
• Efforts to isolate or control access to the decedent
• Conflicting estate documents — such as a new trust that contradicts earlier wills

These situations require swift action to preserve your rights. Texas law imposes strict limitations periods, and trust assets can be moved or depleted if litigation is delayed.

Our Experience in Trust and Estate Litigation

At Baxter-Thompson Law PLLC, our practice is built on decades of experience handling both sides of complex trust and estate disputes.

We have represented:

• Trust beneficiaries seeking to invalidate fraudulent or coerced trusts, recover misappropriated assets, and remove unfaithful trustees;
• Trustees defending against claims of breach of fiduciary duty and guiding trust administration through contested proceedings; and
• Heirs challenging both wills and trusts in tandem, uncovering the broader patterns of control and coercion that often accompany elder financial abuse.

Our deep understanding of trust law and fiduciary duties allows us to build sophisticated cases that address every layer of a manipulated estate plan.

How a Trust Litigation Attorney Protects Your Inheritance

A skilled trust litigation attorney can:

• Investigate the creation and funding of a trust to uncover capacity issues, coercion, or fraud;
• Seek court orders to freeze or recover trust assets;
• File actions to set aside invalid trusts or remove abusive trustees;
• Coordinate related will contests to ensure all improper documents are addressed; and
• Negotiate or mediate resolutions that preserve family assets and minimize further conflict.

Our firm is often retained in parallel will and trust contests, where both documents must be challenged to restore a rightful inheritance. Few firms in Texas have the experience to handle both simultaneously — we do.

Why Clients Choose Baxter-Thompson Law PLLC

• Board-Certified Expertise: Founding attorney Brandy Baxter-Thompson is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization, a credential held by fewer than 1% of Texas attorneys.
• Proven Track Record: We routinely handle multi-million-dollar estate and trust disputes across Texas involving claims of undue influence, breach of fiduciary duty, and constructive trusts.
• Contingency-Fee Options: For qualified heirs and beneficiaries, we offer contingency-based representation, allowing you to pursue justice without paying hourly fees upfront.

Protect What’s Rightfully Yours

If you believe a trust or will was the product of undue influence, lack of capacity, or fraud, don’t wait. Every day that passes increases the risk of losing assets or evidence.

📞 Contact Baxter-Thompson Law PLLC for a confidential consultation with an experienced Texas trust litigation attorney.
We’ll evaluate your situation, explain your options, and, where appropriate, discuss contingency-fee representation to help you recover what was wrongfully taken.