Trust & Estate Litigation FAQs

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.

Any person interested in an estate may file a will contest once the will has been admitted for probate.

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. 

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. 

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.