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Texas Probate Litigation Lawyer

ivley Law Firm has been providing probate litigation services in Texas for over a decade. We have experience representing heirs in probate litigation who have been excluded from inheritance under Wills that were executed when there was lack of mental capacity or under circumstances of undue influence.

Often times a second spouse, family member or caregiver providing assistance to elderly persons suffering from chronic or disabling disease can adversely and improperly influence changes to a prior Will that treat heirs unfairly or completely exclude them from inheritance. We have represented clients that have successfully avoided having a Will admitted to probate so that property will pass under Texas Intestate law.

Our Texas probate litigation experience also includes representing heirs who would inherit under a Will filed for probate that has been contested by a family member or second spouse whose inheritance has been reduced or excluded. Expert medical testimony concerning testamentary capacity at the time a Will is executed frequently determines the legal and factual issues under a Will Contest suit.

Our familiarity with complex medical conditions that often afflict and affect incapacitated or elderly persons provides a unique advantage to the complex issues that surround a determination of mental capacity or undue influence. Our professional relationship with experts throughout Texas who specialize in geriatric medical care and skilled nursing ensures the availability of quality expert testimony for your probate litigation matters.

Will Contest suits also require extensive investigation of the recollection and perceptions of witnesses to a Will or the unique knowledge and familiarity that a close friend, loved one or family member may have regarding the testamentary intent and desire of those who are deceased. Our skilled investigators will ensure that all-important available facts are not overlooked.

We have extensive experience in probate litigation strategies prior to death to prevent tortious interference with inheritance rights and to protect loved ones who have developed chronic and disabling diseases or become incapacitated from personal injuries. A Court Ordered Guardianship is an effective legal tool under Texas probate law that can be used to prevent changes to a Will, theft or misappropriation that might waste or diminish assets of an Estate. Court ordered guardianships are also a good way to ensure that loved ones receive adequate and timely medical care.

Under Texas Guardianship law a Guardian of the Estate has the duty and responsibility to take possession and control of assets of individuals who are unable to manage their financial affairs or see that they are appropriately invested and managed. To avoid uncertainty as to who may be appointed a Guardian of the Estate by a Court you can execute a Durable Power of Attorney authorizing your designated agent or attorney-in-fact to act on your behalf to manage specific aspects of your financial affairs in the event of incapacity.

Texas Guardianship law also provides for a Guardian of the Person who has the duty and responsibility to ensure that Estate assets are utilized to provide adequate food, clothing and shelter for loved ones who are incapacitated. A Guardian of the Person also has authority to make medical decisions for an incapacitated person where there is disagreement or uncertainty as to the course of necessary medical treatment. To avoid uncertainty as to who may be appointed a Guardian of the Person by Court Order, you can execute a Designation of Guardian to act in the event of incapacity.

Zivley Law Firm represents clients who unexpectedly encounter a tragic death that was caused by the negligence or gross negligence of others or a product that has been defectively designed, defectively marketed without adequate warnings as to risk of harm. In a severe death case minor children are often left without parents or family members to care for them. To avoid family disagreement and to facilitate a plan to cover such tragic circumstances it is highly recommended to execute a Will that specifies who is appointed Independent Executor and who will be Guardian of the Person of minor children.

If you or a family member have a probate litigation matter or potential estate dispute, please contact our office for a free assessment and evaluation of your case.

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