Collin County Probate Litigation Law Firm
Lucé Law, PC provides comprehensive estate planning, probate and probate litigation services to families in McKinney and across Collin County. Our attorneys are experienced in planning the effective management of your assets during life, and their precise distribution after death. Estate planning gives you peace of mind that your assets are protected, while probate ensures a swift transition of assets during an often difficult time.
Probate
Probate is the process of dealing with a deceased person’s estate. The process can be a complicated one depending on the presence of a will, possible estate disputes, the complexity of the estate and other factors. At Lucé Law, PC our experienced attorneys work with care to protect the wishes of the individual who has passed. We aim to streamline the process to reduce the time for heirs to receive their assets.
An Overview of the Probate Process
The probate process can vary in complexity – for instance, there may or not be a will, or there could be attempts to challenge the contents of an existing will. Our attorneys work to find the most straightforward and cost-effective way to probate through independent administration. In the case that no will has been provided, we can provide experienced counsel in a compassionate and understanding manner.
Probate is essential when dealing with substantial assets such as houses. At Lucé Law, PC we can provide guidance to ensure a swift resolution to the probate process.
Probate Litigation
After the passing of an estate holder, it is not uncommon for conflicts to arise between possible heirs, trustees and creditors. These claims may or may not have legal merit and could result in formal claims being filed. If you are facing a challenge to your inheritance or have been removed from a will in bad faith, it is crucial you seek the guidance of an experienced probate litigation attorney.
An Overview of the Probate Litigation Process
Probate litigation cases can be quite complex, ranging from an accounting or inventory dispute between family members to a legal challenge by creditors. The process could also involve undue influence, removal of trustees and other legal disputes. At Lucé Law, PC, we analyze each case, using focused legal knowledge and negotiation to come to a satisfactory conclusion.
If a will is being contested, Lucé Law, PC is one of a limited number of Texas law firms able to offer dedicated probate litigation services.
When Does Probate Litigation Occur?
A probate lawyer may be necessary to provide legal guidance and representation when a disagreement arises. Unfortunately, from the creation of the will to the management of the estate, there are many instances where litigation may be required.
Undue Influence
Undue influence refers to persuasion or coercion that causes a testator to make decisions not of their own free will. A beneficiary may use manipulation to remove family members from the estate, overly favor themselves in a will and so on.
Lack of Mental Capacity
A probate attorney may argue that a testator lacked the mental capacity to understand the will they signed. Medical conditions such as dementia may mean that an individual is physically able to sign a will without fully understanding the consequences for family members.
Failure to Execute the Will
In the execution of a will, mistakes could be made that lead to a legal dispute. A probate lawyer can identify issues in legal formalities, such as the lack of a testator signature, or a will signed without the presence of credible witnesses.
Fraudulent Documents
A probate attorney can litigate when a will or estate documents are believed to be forged. Cases of fraud may be linked to other concerns like undue influence – or lack of capacity when a testator was experiencing medical issues.
Breach of Fiduciary Duty
The executor or administrator of an estate has a duty to the beneficiaries of the will. If it is believed that the estate is being poorly managed, litigation may be the best course of action.
Common Questions About Estate Planning, Probate and Probate Litigation
Can you assist with planning for online assets?
Yes. We provide digital estate planning for email, social media, photos and all other online accounts. We ensure your accounts are protected and only made available to heirs after passing.
Is probate always necessary?
It may be possible to avoid probate if assets are placed in a revocable living trust or if ownership doesn’t need to be transferred. Our attorneys can offer solutions after a consultation.
If a will was changed using manipulation, can you help?
Yes. Our attorneys are experienced at contesting cases where a will has been changed at a late stage using manipulation or undue influence.
Estate Disputes and Probate Litigation Services for McKinney and Beyond
Lucé Law, PC provides estate dispute resolution, probate litigation services, plus many other legal services in McKinney and across all Collin County. We are available to offer guidance and legal representation, working diligently to protect your rights and serve your best interests. For a free legal consultation, contact us at (972) 632-1300 or request help online.
