THE BORGER LAW FIRM, PLLC
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Probate Litigation

At The Borger Law Firm, our Texas probate litigation attorneys have extensive experience in representing trustees, administrators, and executors in all aspects of probate and estate administration cases. We have won favorable decisions in a wide range of legal matters, including fiduciary issues, guardianship litigation, contestation of a will, and many others. We also provide skilled legal counsel to heirs and beneficiaries pertaining to their interests in trusts and estates, including complex tax issues.

What Is Probate Litigation?

After the death of a loved one, often disputes arise regarding a trust or will being administered through probate. Multiple parties may raise objections to the actions of the executor or one party may produce some evidence that may void certain aspects or the entire will. In such circumstances, disputes can derail the probate process and may require litigation. Some examples of probate litigation situations include:

  • 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

Will Contests

This type of dispute may arise after a deceased's will is submitted in the court. People often disagree or question the validity of the will's terms and conditions on the basis of the deceased's lack of capacity, undue influence, or technical flaws. This leads to contesting the will that requires litigation to prove the claim.

Suits of Creditors

If a decedent or an incapacitated person is in debt, the creditor or lender can pursue the outstanding payment through the probate court. However, the process for establishing a claim is complex and may require the lender to file a lawsuit against the deceased or incapacitated person's estate in order to receive their money.

Fiduciary Litigation

When a person appointed to administer a will or trust is not performing their duties in the right way, other parties may go for fiduciary litigation. Conversely, an executor or trustee may also need legal assistance in defending against allegations of wrongdoing by the heirs or beneficiaries.

Guardianship Litigation

Sometimes, controversies take place when a guardianship action is initiated relating to the issues as to whether the incapacitated person requires a guardian to provide care. There is also a chance that some family members may question whether the chosen person is suitable to serve as the guardian of the incapacitated loved one. In such cases, guardianship litigation generally arises to decide the best way forward for the incapacitated person.

Surcharge Actions

A surcharge action refers to a suit filed against the bond company of the guardian or administrator. This legal action is often taken in situations where a guardian or an administrator has misused their authority or stolen money or valuables out of the estate.

What A Probate Litigation Attorney Can Do For You

Whether counseling trustees, protecting beneficiaries' rights, representing administrators, or litigating will disputes, a probate litigation attorney can help you in many probate related issues, including:

  • Will contests
  • Will forgery claims
  • Validity of wills
  • Undue influence allegations
  • Removal or resignation of trustees
  • Preventing or pursuing termination of trusts
  • Preparation and analysis of trustee's accounting
  • Pre/post-nuptial wills and agreements
  • Post-mortem tax planning
  • Lack of testamentary capacity
  • Judicial modifications of trusts
  • Interpretation of testamentary documents
  • Federal estate and gift tax returns
  • Breach of fiduciary lawsuits
  • Administration of estates and trusts


Discuss Your Case With Our Skilled Probate Litigation Attorneys Today

If you think you are being divested of your rights in a probate process, you may need a probate litigation attorney to contest matters and fight for what you rightfully deserve. Contact The Borger Law Firm today at 832-263-8098 or send an inquiry by filling the form below. Our law firm is located in The Woodlands and we serve clients in Montgomery County and surrounding areas in Texas.