Probate Disputes
When a loved one’s estate becomes contested, the legal stakes are real and the process is anything but simple. David Borger has represented clients in probate disputes across Texas for over 25 years.
WHEN ESTATES BECOME CONTESTED
Common Reasons Probate Becomes Disputed
Probate litigation arises when disputes emerge after the death of a loved one over the administration of a will or trust. These situations are more common than most people expect, and they can be deeply personal as well as legally complex.
The Borger Law Firm PLLC represents clients on both sides of probate disputes, from families who believe an estate is not being handled correctly to executors and trustees defending their decisions in court. David Borger handles these cases directly, bringing over 25 years of probate litigation experience to every matter he takes on.
What Brings People to Court
Common Reasons Probate Becomes Disputed
Probate disputes can quickly divide families and place valuable estate assets at risk. David Borger handles a wide range of probate litigation matters and works to protect his clients’ rights throughout the process.
Claims of Improper Asset Distribution
When beneficiaries believe assets were distributed incorrectly or that certain heirs received more than they were entitled to under the will or Texas law.
Missing Assets or Forgery
Allegations that estate assets have been hidden, removed, or that documents including the will itself have been forged or altered.
Executor or Trustee Negligence
When the person responsible for administering the estate fails to act in the best interests of the beneficiaries, ignores legal obligations, or mismanages estate funds.
Testamentary Capacity Disputes
Challenges based on the claim that the deceased did not have the mental capacity to make or change a will at the time it was signed.
Property Disputes
Disagreements over ownership of specific assets, including real property, financial accounts, or personal belongings.
Will Contests
Formal legal challenges to the validity of a will based on fraud, undue influence, lack of capacity, or improper execution.
Areas of Practice
Legal Representation for Probate Disputes
Probate litigation covers many different legal conflicts. David Borger represents beneficiaries, executors, trustees, and family members in probate court, handling each case with careful preparation and direct attorney involvement.
Will Contests
Representing clients in disputes involving the validity of a will, including claims of undue influence, lack of capacity, and improper execution.
Suits of Creditors
Representing estates and creditors in disputes involving debts, creditor claims, and probate court proceedings.
Fiduciary Litigation
Handling disputes involving executors and trustees accused of failing to meet their legal responsibilities.
Guardianship Litigation
Representing clients in contested guardianship matters involving appointments, existing guardians, and the care of vulnerable individuals.
Surcharge Actions
Pursuing or defending claims involving mismanaged estate assets and breaches of fiduciary duty by guardians or administrators.
How David Borger Can Help
Probate Matters We Handle
If you are involved in a probate dispute in Texas, here is a full picture of what The Borger Law Firm PLLC handles:
Will Contests
Helping beneficiaries and family members challenge wills that may have been created through fraud, undue influence, or lack of mental capacity.
Trust Litigation
Representing trustees and beneficiaries in disputes involving trust administration, asset management, and trust interpretation.
Estate Administration Disputes
Resolving conflicts involving executors, estate management, and disagreements over the handling of estate assets.
SPEAK WITH A TEXAS PROBATE LITIGATION ATTORNEY
Experience
David Borger
Texas Probate Litigation Attorney
For more than 25 years, David Borger has helped families across Texas with probate, estate administration, and other estate planning matters. He provides straightforward legal advice, clear communication, and personal attention from the beginning of your case through its resolution.
- State Bar of Texas
- Member, Texas Bar College
- Member, Harris County Bar Association
- Member, Montgomery County Bar Association
- Member, Travis County Bar Association
- Member, Dallas and Tarrant County Bar Associations
- Former Board Member, Montgomery County Bar Association
Frequently Asked Questions
Probate disputes raise serious questions, and the answers matter. Here are the ones David Borger hears most often from clients dealing with a contested estate.
How do I know if I have grounds for a probate dispute?
If you believe a will was forged, that the deceased was pressured into signing it, that assets are missing, or that the executor is not doing their job, those are all potential grounds for legal action. The best way to find out is to call David Borger directly. He will review your situation and tell you plainly what your options are.
Can I remove an executor who is not doing their job?
Texas law allows beneficiaries to petition the court to remove an executor who has failed to carry out their legal duties, acted in bad faith, or mismanaged estate assets. David Borger has handled executor removal proceedings and can advise you on what the process involves.
What is undue influence in a will contest?
Undue influence means someone pressured or manipulated the person making the will into signing a document that does not reflect their actual wishes. This is one of the most common grounds for contesting a will and one of the more difficult things to prove. David Borger knows what evidence courts look for and how to build that case.
How long does a probate dispute take to resolve?
It depends on the complexity of the matter and how willing the other side is to reach a resolution. Some disputes settle relatively quickly through negotiation. Others go to trial and can take a year or more. David Borger will give you a realistic picture of the timeline after reviewing your case.
What if I think estate assets were taken before or after death?
This is more common than most people realize. Family members sometimes remove property from a deceased person’s home before anyone else is notified, or transfer assets shortly before death under suspicious circumstances. These situations can be addressed through the probate court, and in some cases, through civil litigation as well.
Speak With a Texas Probate Attorney Today
If you are involved in a will contest, trust dispute, executor conflict, or another probate lawsuit, speak with David Borger before the dispute becomes more difficult to resolve.
