Austin Trust & Estate Litigation
The settling of a deceased person’s final affairs can be a complex, emotionally difficult process. Bitter disputes can arise while dividing his or her estate, such as conflict over the terms of the will or accusations. Family members, beneficiaries, trustees, and other parties may be unable to resolve these issues, lengthening the process.
If you need assistance resolving a trust or estate dispute, Marrs Ellis & Hodge LLP can help. Our Texas trust and estate litigation attorneys have successfully represented a wide range of clients in high-profile conflicts, from individual beneficiaries to multi-million dollar financial institutions. With our track record of success representing clients in high-stakes disputes, our firm has the skills and experience necessary to represent you during litigation.
What is Estate Litigation?
Settling a decedent’s final affairs is also known as probating the estate. Probate refers to the legal process of paying off the deceased person’s debt and dividing his or her assets according to his or her will. If the deceased did not leave a will behind, Texas’s intestacy laws will dictate how to distribute his or her belongings.
During this process, various disputes may arise. For example, a spouse may wonder why he or she was left out of a will, or a family member may accuse a third-party fiduciary of breaching its duty. If you encounter an issue during an estate proceeding, you can file a dispute in probate court.
At Marrs Ellis & Hodge LLP, we handle a wide range of estate litigation issues, including the following.
- Will contests and will distribution claims
- Retirement and life insurance claims
- Breach of fiduciary duty
- Allowances for surviving family members
- Executor misconduct claims
- Beneficiary and heir disputes
What is Trust Litigation?
A trust is a legal relationship between a legal entity, or a trustee, and an individual, called a settler. The trustor gives the trustee the right to hold title to property or assets for the benefit of a third party, known as the beneficiary. These common estate planning tools help facilitate the division of assets.
However, many disputes can arise while administering a trust. For example, one family member may accuse a trustee of engaging in misconduct, or someone may claim that the terms of the trust do not comply with Texas requirements. If you encounter an issue with your loved one’s trust, you may need to file a lawsuit in probate court.
At Marrs Ellis & Hodge LLP, our lawyers assist clients in handling all types of trust disputes. Common conflicts that often arise during trust administration include the following.
- Trustee misconduct, removal, and/or replacement
- Issues with trust accounting or distribution
- Trust agreements that have unclear, confusing, or contradictory language
- Trusts with settlors who do not have the legal capacity to create a trust
- Trusts involving settlors who created a trust under undue influence or coercion
- The desire to terminate or modify the trust
- The need to force distributions from the trust
Contact Marrs Ellis & Hodge LLP Today
Whether you are a trustee, executor, or beneficiary, our Austin trust and estate litigation attorneys can help. We assist all types of clients in their probate matters, providing aggressive and well-informed representation during each stage of the dispute.
Contact us today to schedule a free consultation with a Texas litigation lawyer. During your appointment, your attorney will help you understand your goals and identify a strategy that provides the best chance of protecting your interests.