Probate Litigation Attorneys in Houston: Plaintiff & Defense
When someone challenges a will or trust, or when you need to contest an estate document that doesn’t reflect your loved one’s true wishes, you must go through probate litigation. These disputes can drain estate assets, damage family relationships, and delay the distribution of inheritances for months or even years.
At Roger G. Jain & Associates, P.C., we represent both sides of probate contests, helping families protect their rightful inheritance and defending estates against unfounded claims.
Our Houston probate litigation attorneys handle will contests, trust disputes, fiduciary misconduct claims, and guardianship challenges throughout Harris County. Whether you’re questioning the validity of an estate document or defending against a contest, we provide aggressive representation focused on protecting your interests and resolving disputes as efficiently as possible. Learn more about our firm and our decades of experience in the legal field.
As a trusted law firm serving the Houston area, we offer experienced guidance in all aspects of probate litigation. Our office is located at 9301 Southwest Freeway, Suite 250, Houston, TX 77074. If you’re facing a probate dispute or need to contest an estate document, contact Roger G. Jain & Associates, P.C. by calling (713) 981-0600 to schedule a risk-free, no-obligation consultation.
Recent Review:
“My experience with Blair and Roger was very positive throughout the entire case. They provided clear guidance and set proper expectations. I never felt like I was left in the dark. The firm provided monthly updates to current amount in the trust and showed clearly the cost of services being charged to the trust. Our case concluded to our satisfaction. Thank you Blair and Roger!”
Verified review from Jeff C. on Google
Common Types of Probate Disputes We Handle
Probate litigation covers a wide range of estate-related disputes. Our attorneys have over 30 years of experience handling cases involving questionable wills, breach of fiduciary duty, and fights over estate assets. We represent clients on both sides of these disputes, which gives us unique insight into how opposing counsel will approach your case.
Will Contests: We help clients challenge wills based on lack of testamentary capacity, undue influence, fraud, improper execution, or forgery. We also defend valid wills against baseless challenges from disappointed heirs.
Trust Disputes: When trustees fail to follow trust terms, mismanage assets, or favor certain beneficiaries over others, we hold them accountable. We also defend trustees who are being wrongfully accused of misconduct.
Breach of Fiduciary Duty: Executors, administrators, and trustees have legal obligations to act in the best interests of beneficiaries. When they steal from estates, make poor investment decisions, or fail to provide proper accountings, we pursue legal action to recover losses and remove them from their positions.
Guardianship Challenges: We represent family members seeking to establish guardianship over incapacitated adults and defend against inappropriate guardianship attempts. We also handle cases involving guardian misconduct or abuse.
Heirship Proceedings: When someone dies without a will and questions arise about who qualifies as an heir, we help establish legal relationships and rightful beneficiaries.
Estate Administration Disputes: From disagreements over asset valuations to fights about creditor claims, we handle all types of conflicts that arise during the probate process.
Grounds for Contesting a Will or Trust
Not every family disagreement rises to the level of a valid legal challenge. Texas law requires specific grounds to contest a will or trust. Our attorneys evaluate your situation to determine whether you have a strong case before filing a contest.
- Lack of Testamentary Capacity: If the person creating a will or trust doesn’t understand what they’re doing, then family members can contest the will. This most often occurs when the person suffers from dementia, Alzheimer’s disease, or is heavily medicated. To have capacity, a person must understand they’re making a will, know the nature and extent of their property, and recognize their family members and natural heirs.
- Undue Influence: Undue influence means someone pressured or manipulated the deceased into changing their estate plan to benefit the influencer. This commonly involves caregivers, new romantic partners, or adult children who isolate elderly parents from other family members. Courts look for suspicious circumstances like sudden changes to long-standing estate plans, secretive will signings, and the influencer being present when documents are executed.
- Fraud: Fraud happens when someone tricks the deceased into signing documents they don’t understand or makes false statements that cause them to change their will. This might include lying about another family member’s actions or forging signatures.
- Improper Execution: If the will wasn’t signed according to Texas legal requirements, the will or trust might be invalid. For example, Texas requires two witnesses to watch the person sign their will.
Why You Need an Experienced Probate Litigation Attorney
Probate litigation is technically complex and emotionally charged. The rules of evidence, civil procedure, and estate law all come into play. Most people only deal with probate once or twice in their lifetime, but probate litigators handle these cases every day. Having experienced attorneys on your side can mean the difference between winning and losing your case.
At Roger G. Jain & Associates, PC, we start by thoroughly investigating the circumstances surrounding the creation of the contested document. Our attorneys might review medical records, interview witnesses, examine previous estate planning documents, and consult with experts as necessary.
Once we’ve built a strong case, we pursue the most efficient path to resolution. Sometimes that means settlement negotiations that preserve family relationships while protecting your interests. Other times it requires taking the case to trial. We’re prepared for both scenarios.
Our attorneys also understand Texas probate timelines and deadlines. Will contests must typically be filed within two years of the will being admitted to probate. Missing these deadlines can destroy an otherwise valid claim. We act quickly to protect your rights.
Defending Against Probate Contests
Not all probate contests have merit. Some disappointed heirs file challenges simply because they’re unhappy with their inheritance, even when the will accurately reflects the deceased’s wishes. If you’re an executor or beneficiary defending an estate against an unfounded challenge, we provide aggressive representation to uphold the validity of the estate documents.
We gather evidence showing the deceased had full mental capacity, acted independently without undue influence, and followed all legal requirements when executing their will or trust. We depose challenging parties to expose weaknesses in their claims. We work with experts who can testify about the deceased’s mental state and decision-making ability.
Defending against baseless contests also means protecting estate assets from being drained by prolonged litigation. Every month, a contest drags on, costs the estate money in legal fees, and delays distributions to rightful beneficiaries. We move cases toward resolution efficiently while maintaining the strong defense necessary to discourage unfounded claims.
Contact Our Houston Probate Litigation Attorneys Today
Probate disputes require immediate attention and experienced legal counsel. Whether you need to contest a suspicious will or defend an estate against unfounded challenges, Roger G. Jain & Associates, P.C. provides the aggressive representation you need. With over 30 years of experience in probate litigation, we know how to build strong cases and achieve results for our clients throughout Houston and Harris County.
Don’t let an invalid will stand or allow baseless challenges to drain estate assets. Call 713-981-0600 or fill out our confidential contact form to discuss your probate litigation matter with an experienced Houston attorney.