We handle contested probate matters, dependent administrations, and large or complex estates in Harris County and the surrounding counties.
These are the areas we practice in. Each page below explains how that kind of matter actually runs in the five Harris County statutory probate courts.
A will can be challenged for lack of testamentary capacity, undue influence, forgery, improper execution, or revocation. You generally have two years from the date the will was admitted to probate to file the contest. The statute has exceptions for forgery or fraud and for incapacitated persons, but they’re narrower than they sound, so don’t count on one without talking to a lawyer first.
Texas Estates Code Sections 404.003 and 404.0035 set out when a court can remove an independent executor. The grounds include misapplying or embezzling estate property, failing to file a required accounting, gross misconduct or gross mismanagement, and a material conflict of interest that keeps the executor from doing the job. Most of these cases start with a demand for an accounting, and a removal motion comes later if the answers don’t hold up.
We bring claims against executors, administrators, and trustees who self-deal, commingle estate funds with their own, use estate property for themselves, pay themselves without approval, or let assets waste. Removing the fiduciary keeps the harm from continuing. Getting back money that’s already gone takes a claim for damages, and we usually bring the two together.
In a dependent administration, the court supervises the estate from start to finish. The administrator has to post a bond, get a court order before most significant acts, and file annual accounts with the court. Fees have to be approved by the judge before they’re paid.
These are heirship proceedings under Chapter 202 of the Estates Code where the facts are in dispute. The usual issues are a claimed common-law marriage, children nobody disclosed, prior marriages, and family land that has passed through several intestate deaths without anything being filed.
We handle contested guardianship applications, cases with competing applicants, and actions to remove a guardian who’s already serving. The applicant has to prove incapacity by clear and convincing evidence and show that alternatives to guardianship and available supports and services were considered and aren’t feasible. Most of these cases are decided on that second showing. We don’t set up routine uncontested guardianships.
This covers partition suits among heirs, court-ordered sales of estate property, clearing title on land that has passed through several intestate deaths, and disputes over who gets to live in an inherited house and who pays for it. When the court orders estate property sold because it can’t be fairly divided, an heir who buys at that sale only has to pay the amount by which the bid exceeds the heir’s own share.
We handle disputes over trust property, trustee conduct, and trust accountings. The Harris County statutory probate courts share jurisdiction with the district courts over suits by or against trustees, so a trust dispute and a related estate dispute can often be heard together in one court.
These estates involve multi-county real property, mineral and royalty interests, ranch and farm land, family businesses, out-of-state executors, multi-state and ancillary administrations, and federal estate tax returns. Many of them never turn into disputes. The amount of money and the number of moving parts still make a mistake expensive.
We serve Harris, Fort Bend, Galveston, Montgomery, and Brazoria counties. Estates with real property in more than one of them are routine for us.
We don’t take uncontested probate, muniment of title, small estate affidavits, affidavits of heirship, or simple wills. If that’s what you need, we’ll tell you on the first call and point you to someone who’s a better fit, so you aren’t overpaying for a simple matter.
The first conversation is a short call, and it’s free.
Schedule a consultation or call (281) 219-9090.