Navigate Legal Challenge

Probate litigation can arise when disputes emerge after the death of a loved one regarding the administration of a trust or will. The Borger Law Firm PLLC Probate Disputes specializes in addressing multifaceted probate disputes, offering expert legal guidance to navigate issues that may disrupt the probate process.

Common Probate Litigation Situations

Probate disputes may involve various scenarios that require a professional probate litigation attorney.

  • Claims of improper distribution of assets
  • Claims of missing assets or forgery
  • Claims of trustee or executor negligence
  • Disputes regarding testamentary capacity
  • Property disputes
  • Will contests

Legal Areas Covered Under Probate Litigation

Our probate litigation services encompass various legal areas.

Will Contests: Challenges to the validity of a deceased's will may arise, questioning terms and conditions based on lack of capacity, undue influence, or technical flaws. We handle will contests with precision, employing litigation to substantiate claims.

Suits of Creditors: If a decedent or incapacitated person owes debts, creditors or lenders may pursue outstanding payments through probate court. This intricate process often involves filing lawsuits against the estate to secure owed funds.

Fiduciary Litigation: When those administering a will or trust fail to fulfill their duties, fiduciary litigation may arise. We provide legal support to both those defending against allegations and those seeking resolution against wrongdoing.

Guardianship Litigation: Controversies may surface during guardianship actions, questioning the need for a guardian and the suitability of the chosen person. Guardianship litigation helps determine the best course of action for the incapacitated person.

Surcharge Actions: Surcharge actions involve suits against the bond company of a guardian or administrator who has misused authority or mishandled estate assets. We navigate these legal actions to rectify any wrongdoing.

What A Probate Litigation Attorney Can Do

Our probate litigation attorneys offer comprehensive support in various probate-related issues.

  • Will contests
  • Will forgery claims
  • Validity of wills
  • Undue influence allegations
  • Removal or resignation of trustees
  • Termination of trusts
  • Preparation and analysis of trustee's accounting
  • Pre- / post-nuptial wills and agreements
  • Lack of testamentary capacity
  • Judicial modifications of trusts
  • Interpretation of testamentary documents
  • Breach of fiduciary lawsuits
  • Administration of estates and trusts

Consult a Probate Litigation Attorney

If you believe your rights are at risk in a probate process, consult with The Borger Law Firm PLLC today at (832) 263-2100. Our experienced probate litigation attorneys are here to contest matters and fight for your rightful entitlements. Get in touch.