Probating a loved one’s estate can be challenging. You may encounter several problems along the way, including disputes and challenges from heirs. Being a trustee or beneficiary of a trust can also result in disputes and problems.
Our attorneys at The Law Firm of Alton C. Todd Personal Injury Lawyers have an in-depth understanding of trust and estate law. We represent beneficiaries, heirs, personal representatives, trustees, and other interested parties in litigated disputes for estates and trusts.
Since 2000, our legal team at The Law Firm of Alton C. Todd Personal Injury Lawyers has fought for the rights of individuals and families in Galveston County. Our lawyers have almost six decades of combined experience. Additionally, Attorney Alton Todd is certified by the Texas Board of Legal Specialization in civil trial law and personal injury.
We encourage you to contact our office if you are facing an estate or trust dispute. Call The Law Firm of Alton C. Todd Personal Injury Lawyers at (409) 207-9299 to schedule a free consultation with one of our Galveston trust and estate litigation lawyers.
How The Law Firm of Alton C. Todd Personal Injury Lawyers Can Help You With Estate and Trust Disputes
Trust and estate disputes are stressful and emotionally overwhelming. These disputes may involve substantial amounts of money and high-value assets. You need a legal team with experience to protect your rights and interests.
When you hire our Galveston trust and estate litigation lawyers, you can trust we will:
- Respect your privacy and use discretion in sensitive family matters
- Explain how the law applies to your situation and the legal options for resolving the dispute
- Fiercely advocate for your interests during negotiations to obtain fair results that avoid litigation
- Take your dispute to trial if settlement is not possible
Our attorneys are highly qualified trial lawyers and negotiators. They have received honors and awards from numerous national organizations, including the American Board of Trial Advocates, The International Academy of Trial Lawyers, and the American College of Trial Lawyers. Our lawyers have top ratings from Super Lawyers and The Best Lawyers in America.
Contact The Law Firm of Alton C. Todd Personal Injury Lawyers for a free case evaluation with an experienced Galveston trust and estate litigation lawyer.
What Is a Trust?
A trust is formed under state law. The Texas Trust Code governs the creation, operation, and termination of trusts. A trust agreement establishes a fiduciary arrangement that allows a third party (i.e., trustee) to hold and manage property for the benefit of a beneficiary or beneficiaries. Generally, trusts are used to avoid probate and protect assets from creditors.
What Is Trust Litigation?
The trust agreement dictates how the trustee manages the assets and disburses the proceeds to the beneficiaries. Unfortunately, disputes regarding the trust may arise between the trustee and the beneficiaries. Examples of issues that could lead to trust litigation include:
- Allegations that the settlor (i.e., the person creating the trust) did not have the capacity to sign a legal document
- Accusations of trustee misconduct
- The desire to modify or terminate the trust
- Confusing, unclear, or contradictory language in a trust agreement
- Allegations that the settlor was coerced or under undue influence to create the trust
- The need to force the trustee to make distributions from the trust
- Issues with accounting or management of assets
- The desire to have a trustee replaced or removed
- A trustee using the trust property for their personal benefit
A dispute may be settled through negotiation or mediation. However, our attorneys are prepared to litigate the dispute when necessary.
What Is an Estate?
An estate is the total property owned by an individual when they die. Probate is the legal process of distributing the deceased’s property to their heirs. The distribution is according to the terms of the person’s will. If they did not have a will when they died, the property is distributed to heirs according to Texas intestate laws.
What Is Estate Litigation?
Estate disputes can divide a family and cause lifelong resentment. Family members may disagree about their right to an inheritance or their share of the decedent’s property. Disputes regarding probating an estate may arise for many reasons, including:
- Contests of the will, including claiming the decedent did not have the capacity to sign a will or was coerced or under undue influence
- Fraud, mismanagement, or misconduct by the personal representative
- Disputes about the value of property
- A poorly drafted will that includes unclear or vague language
- A will that does not meet the legal requirements
- Disagreements about how to divide property
- Allegations that other heirs should be included in the distribution
- Questions about the accounting and distributions
- Disputes related to creditor claims
- Guardianship and trustee disputes for minor children
- Disputes between the members of blended families
- A surviving spouse claims a more significant portion of the estate
Estate disputes may be settled with the help of a neutral mediator. A mediator may be able to assist family members in resolving their disputes without litigation. We will take the dispute to court and aggressively pursue a fair outcome if necessary.
Contact a Galveston Trust and Estate Litigation Lawyer
Our attorneys at The Law Firm of Alton C. Todd Personal Injury Lawyers can assist you in contesting or defending trust and estate disputes. Our attorneys have extensive trial experience and use their experience to your advantage during negotiations and trials. Call our office to schedule an initial consultation with an attorney.
