Probate Litigation

Representation in court

Litigation may become necessary when beneficiaries, or those who would be beneficiaries if their loved one died without a will, challenge the will's validity.

Contesting a will may be based on several grounds, such as—

• The loved one was not of sound mind when signing the will, challenging testamentary capacity
• A beneficiary's undue influence on the will
• The will was not signed by the loved one
• The will was not legally witnessed

Texas law states that any litigation concerning the will's validity must be resolved before the estate can be finalized.

Contesting a will is wrought with emotion. Therefore, engaging a knowledgeable attorney with the Denton County courtroom experience in handling probate matters can be your best resource for protecting your interests. In cases of testamentary capacity, for example, we bring expert medical testimony to the stand. We meticulously investigate witnesses, including other beneficiaries, relatives, and close friends, to learn the intent of the deceased.

Fiduciary litigation

Litigation may also be necessary when a person in charge of an estate or trust is not properly fulfilling his or her duties. Conversely, a trustee or executor may have to defend himself or herself from allegations of wrongdoing by beneficiaries. In cases such as these, you need an attorney who not only has proven litigation skills, but also knows probate and trust law.

Frequently Asked Questions about probate litigation

Can I contest a will?

Yes, when the person who wrote the will was forced, deceived, mentally incompetent, or duly influenced.

How can I ensure my father's estate is administered correctly?

If you believe the estate administrator is improperly distributing your father's assets, you could have grounds for probate litigation. State law mandates that an estate administrator act in good faith and probate the will as required by the will and Texas law. 

Contact us

When you need high quality counsel to represent your probate interests in court, rely on the Denton County firm that specializes in this area. Call Shelton & Reecer, L.L.P. at 940-382-3168 or use our convenient online form to tell us about your situation. The firm works on a contingency fee basis for probate litigation. You pay us nothing unless we win.