Estate Litigation Attorneys in Conroe, Texas
Practice Areas
Estate administration marks an already difficult time in people's lives. When disputes arise between beneficiaries, heirs, or fiduciaries of an estate, it can further complicate and prolong the process. The team at Bloodworth Law Firm, P.L.L.C. understands this burden and is committed to providing compassionate and effective legal representation during such trying times.
Based in Conroe, Texas, and serving clients throughout The Woodlands, Huntsville, Houston, Livingston, Coldspring, and the entire state of Texas, the firm has a long history of helping individuals and families navigate the complexities of estate litigation. They bring a wealth of experience and a deep sense of compassion to each case, working tirelessly to protect their clients' rights and interests.
Reach out today to get a free case evaluation and learn more about your options with the Bloodworth Law Firm, P.L.L.C. Their team is ready to help you find a resolution and closure during this difficult time. They’re also ready to help you build a comprehensive and legally sound estate plan that can help your heirs and beneficiaries avoid the pitfalls of probate and other estate administration issues.
Understand Your Options
Common Estate Disputes
Estate disputes can take many forms, each with its unique set of challenges. The estate litigation attorneys at Bloodworth Law Firm, P.L.L.C. are well-equipped to handle a range of conflicts. Here's a closer look at some of the common disputes they can help you manage:
Disputes over Property Distribution: These can arise when a person intended to change their will or other related documents but failed to do so before their demise. This could lead to beneficiaries feeling that assets have been distributed unequally or contrary to what they expected.
Validity of a Will or Estate Plan: There might be instances where interested parties question whether a will was properly made or executed. Bloodworth Law Firm, P.L.L.C. can help investigate these claims and ensure due process is followed.
Conflicts with the Estate Executor or Administrator: If an executor is perceived to have mismanaged an estate or if there's dissatisfaction with the executor's selection, disputes can arise. The firm can assist in these situations to protect the interests of all parties involved.
Issues Involving Sudden Incapacitation or Disability of the Decedent: Allegations of coercion or claims that a person was not competent when making changes to their estate plan can lead to disputes. The legal team at Bloodworth Law Firm, P.L.L.C. has the experience to navigate these complex issues.
Life Insurance, Annuities, Bank Accounts POD, Investment Accounts TOD: These are assets that pass directly to named beneficiaries and not through a will. They require careful handling and understanding of the legal implications.
Property Held as Joint Tenancy: In cases where property is owned jointly with the right of survivorship, it passes to the surviving owner(s) upon the death of one owner. The firm can help ensure this process is carried out smoothly.
Living Trust: Assets in a living trust pass directly to designated trustees and aren't governed by a will. Bloodworth Law Firm, P.L.L.C. can provide guidance on setting up and managing living trusts.
It's important to remember that remedies for estate planning disputes may include removing the executor, litigating the dispute, seeking an elective share, or resolving the dispute through mediation. By partnering with an experienced law firm like Bloodworth Law Firm, P.L.L.C., you can create a solid estate plan that safeguards your loved ones from future disputes.
Contesting a Will in Texas
In Texas, contesting a will involves challenging its validity in court. The process for contesting a will in Texas involves several steps:
Standing and Interest: Only an interested party can contest a will. This typically includes heirs, beneficiaries, and sometimes creditors.
Filing a Contest: The contest must usually be filed within two years of the will being admitted to probate.
Grounds for Contest: The interested party must state the grounds for contesting the will in their filing.
Trial: If the contest cannot be resolved through negotiation or mediation, it may proceed to trial where evidence will be presented to support the contest.
Court's Decision: The court will determine the validity of the will based on the evidence presented.
This can be a complex process, requiring a thorough understanding of the laws and procedures involved. Bloodworth Law Firm, P.L.L.C. has extensive experience in this area of law. They approach each case with a keen eye for detail, thoroughly investigating the circumstances surrounding the creation and execution of the will.
Grounds for Contesting a Will
In Texas, a will can be contested on the following grounds:
Lack of Testamentary Capacity: This means that the person who made the will (the testator) did not understand the nature of their actions when they signed the will.
Undue Influence: If the testator was pressured or coerced into making the will, it could be grounds for contesting it.
Fraud: This could involve tricking the testator into signing the will or altering the will after the testator has signed it.
Improper Execution: A will must follow certain formalities to be valid. If these aren't met, the will can be contested.
Who Can Contest a Will in Texas?
In Texas, the ability to contest a will isn't open to just anyone. Generally, only those who are directly affected by the will — also referred to as "interested parties" — have the standing to contest it. These can include:
Heirs: Anyone who stands to inherit, or would have inherited if not for the will, is considered an heir. This includes children, spouses, and sometimes more distant relatives.
Beneficiaries: These are individuals or entities specifically named in the will to receive assets.
Creditors: If a deceased person owed debts, creditors may have a claim against the estate and thus a reason to contest the will.
Whether there are concerns about the validity of the will, questions about property distribution, conflicts with the estate executor, or issues related to the sudden incapacitation of the decedent, Bloodworth Law Firm, P.L.L.C. offers reliable guidance and skilled representation.
Estate Litigation Attorneys in Conroe, Texas
While estate litigation can be a complex and emotionally charged process, the guidance of Bloodworth Law Firm, P.L.L.C. can make a significant difference. With their extensive experience and personalized approach, they are well-equipped to handle a range of estate disputes with sensitivity and efficiency. Contact the firm in Conroe, Texas, today for a free case evaluation and find the right resolution for your situation.