Flournoy McLain, P.C. takes an aggressive approach to lawsuits involving trusts and estates in order to give our clients the best chance of success. Our trial lawyers represent executors, trustees, beneficiaries, agents under powers of attorney, guardians, and other clients who have lawsuits involving the Texas Estates Code and Texas Trust Code, including the following:

  • will construction
  • will interpretation issues
  • trustees or executors
  • breaches of fiduciary duty
  • trust management or investment
  • retirement benefits beneficiary designations
  • life insurance beneficiary designations
  • claims of common law marriage after the death of a "spouse"
  • children born after the date of a probate
  • contested probates

In Texas, probate, guardianship and trust practice areas of the law are very specialized and very few lawyers have the experience to litigate disputes involving estates - we have that experience. Our team of fiduciary litigation attorneys have the capabilities and personnel to handle any size lawsuit. In some cases, we are willing to take the case on a contingent fee basis. We also welcome the opportunity to joint-venture cases with other attorneys. We have the ability to handle cases nationwide.

 

Trust & Estate Litigation FAQs

Q: How can I ensure my loved one's estate is administered correctly?
A: If you believe that a decedent’s estate is being improperly distributed, 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.

Q: Who can contest a will?
A: Any person interested in an estate may file a will contest once the will has been admitted for probate.

Q: Can I contest a will?
A: Typically, when the person who wrote the will was mentally incompetent, forced, deceived or duly influenced to execute the will the requirements for executing a valid Will are not met and the will can be contested.

Q: Can I challenge “changes” made to a Will by handwritten notes on the original?
A: Yes. Sometimes a testator (or someone) will attempt to make changes to a Will by writing directly on the original will. Examples of this may include crossing out names, changing percentages, modifying personal representative (such as executor or trustee) nominations. These changes are not valid. The proper way to change a Will is to execute a completely new Will that revokes the prior one or to execute a “codicil” which is an amendment to the Will that changes certain provisions. A Codicil must be executed with the same formalities as a Will.

Q: Can an executor of an estate be removed from his/her duties?
A: If there are concerns regarding the way in which an independent executor is performing his/her duties there are actions that can be taken. These can include a review of probate proceedings to date and a demand for an accounting of the estate. One way to ensure that you are informed as to your rights is this situation is to retain an attorney of your choice to advise you regarding questionable phases of the probate process.