PROBATE LITIGATIONS

Lean on Us for Your Probate Litigation

Make the Right Decisions for Your Loved One's Estate

Probate administration is the legal process where the court oversees the administration of an estate to ensure that the decedent’s debts and taxes are paid, and that the assets of the estate are distributed in accordance with the decedent’s will. 

If the decedent died without a will (intestate), the court oversees the process in accordance with Texas Probate Code Chapter II, Section 38, which defines intestate succession. 

Most probate administration matters proceed smoothly; however, when sizeable assets are at stake, it is not uncommon for a contentious dispute to arise.

Jim Parsons Represents Clients in Connection With:

  • Challenges regarding the validity of a will, including allegations of lack of testamentary capacity, fraud, coercion, undue influence or improper execution
  • Representation of executors, administrators, trustees, conservators and beneficiaries
  • Claims by beneficiaries
  • Will and trust contests
  • Family disputes
  • Claims of breach of fiduciary duty
  • Disputes over estate management
  • Disputes over accounting

Changes to the Validity of a Will

Challenges to the validity of a will frequently arise when an individual would benefit if the will were to be declared invalid and the estate then distributed pursuant to Texas law governing intestate succession; or, similarly, where an individual would receive a larger share of the estate under a previous version of the decedent’s will.

Challenges to the validity of a will also commonly arise when the testator (the person creating the will) lacked sufficient legal capacity to create a valid will, or when the required formalities for the execution of a will are not properly followed. 

Texas Probate Code Chapter IV, Section 59 requires all wills to be in writing and signed by the testator—either in person or by another person for him, by his direction and in his presence. Furthermore, if the will is not entirely in the handwriting of the testator, it must be attested to by two or more credible witnesses over the age of 14, who sign the will as witnesses in the presence of the testator.
Disputes

Inter-Family Disputes

A probate dispute can arise in any context, but disputes frequently arise in second marriage scenarios, when children from the first marriage are at odds with their stepparent. Inter-family disputes are also common in situations where a child of the decedent is disinherited or receives a share of the estate which is significantly less than his or her siblings.

Jim Parsons understands the grief and complex emotional issues associated with the death of a loved one and how those issues can create tension among family members. When appropriate, Jim Parsons may suggest alternative dispute resolution methods, such as mediation, as an alternative to probate litigation. 
Legal counsel

Seek Experienced Legal Counsel

Probate litigation matters are complex and require experienced legal representation. Jim Parsons has represented clients in over 300 jury trials, and served as Judge of the Third District Court in Anderson, Henderson and Houston Counties for over 10 years. 

When you need assistance with a probate litigation matter, contact Jim Parsons, and put his years of legal and judicial experience on your side.
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Call 903-723-0580
No other attorneys in East Texas have the experience that Mr. Parsons has.
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