Estate Disputes in McKinney and Across Collin County
The loss of a loved one is a difficult time for families, and the strain is exacerbated when estate disputes arise. An extended legal dispute over estate administration or inheritance is stressful for all parties. However, choosing the right legal team can make all the difference. As one of only a small number of Texas law firms handling probate litigation, we can bring a fast and successful conclusion to your estate dispute.
Possible Components of an Estate Dispute
Probating a Will
Probate is the process of settling a person’s estate after death, including paying debts and distributing assets to beneficiaries. Unfortunately, the probate process is often complicated and can lead to many claims on assets. Even if a decedent leaves a will, there is no guarantee that the probate process will not be drawn out and costly.
Lucé Law, PC is one of a limited number of Texas law firms with probate litigation as an area of focus. We represent parties disputing a will, and those facing a legal challenge to their inheritance. Our attorneys are experienced in estate disputes relating to the validity of wills, wills signed under duress, issues around prenuptial agreements after death, guardianship disputes and other probate issues.
Estate Accounting
After all debts are paid and assets distributed to beneficiaries, the executor issues an accounting to the court. While this process might be straightforward in some cases, others suffer from poor communication and errors. Beneficiaries can work with attorneys to request an accounting covering debts paid, division of property and other important details.
At Lucé Law, PC, we ensure executors comply with all Texas laws regarding an estate. Our attorneys will request an accounting to determine the proper administration of the estate. Where necessary, we can litigate through the probate court to force executors to issue comprehensive estate accounting.
Power of Attorney Disputes
Power of attorney disputes often arise when families disagree over the mental capacity of the person granting power. If the agent granted power of attorney is not fulfilling their legal duties or there is an abuse of power, it may be necessary to challenge the decision.
At Lucé Law, PC, our attorneys are sensitive to cases that concern aging loved ones. These cases often involve whether the person granting the power was of sound mind, if all legal obligations were met, if the agent is performing their legal duties effectively and so on. If a resolution is not possible, we can proceed to power of attorney dispute litigation.
Beneficiary Designation Disputes
A designated beneficiary is the beneficiary of a retirement account, life insurance policy or savings account. In some cases, disputes occur over the legitimacy of the designation. Was the estate owner in sound mind when they signed the document? Could the documents be forged? Was undue influence placed upon the policyholder?
At Lucé Law, PC, we represent clients facing legal challenges and those looking to dispute a beneficiary designation Financial and insurance companies do not make determinations, but encourage all parties to settle the dispute. We represent clients throughout the process until a legal resolution of the dispute is achieved.
Real Estate Inheritance
Real estate inheritance disputes occur frequently due to a family disagreement. Settling a dispute over the heir to a real estate inheritance is done through probate. In these circumstances, it is necessary to have an attorney who understands your rights and can protect your inheritance.
Real estate disputes can vary considerably. Commonly, no will is left, and ownership of the property must be determined through probate. However, there may also be disputes over the legitimacy of the will. At Lucé Law, PC, we will work to protect your real estate inheritance in court.
Common Questions About Estate Disputes
Is probate a long process?
Texas has a straightforward approach to probate, but the process is faster when you work with experienced probate attorneys.
When is power of attorney not legally binding?
There are several instances, a few being when the document is signed without a notary public present, when the agent is under 18 years old, or when the estate owner is not of sound mind.
Can land be partitioned in a real estate dispute?
Yes. An agreement could be found to divide land between heirs. Alternatively, partition by sale involves selling a property and dividing the proceeds.
