tEXAS pROBATE lITIGATION aTTORNEY

Houston Probate Litigation Lawyer

houston probate litigation attorney

Understanding The ins and outs of our

Houston Probate Litigation Attorney

Probate litigation in Houston, Texas happens when there is a dispute over a deceased person’s estate. While many probate cases proceed smoothly, conflicts may escalate when beneficiaries or other interested parties suspect wrongdoing, mismanagement, or unfair distribution of assets. Disputes may stem from unclear or outdated wills, family conflicts, or concerns over how an executor is handling the estate. Additionally, cases of undue influence, coercion, or lack of testamentary capacity can further complicate probate proceedings.

In Houston, probate litigation ensures that estates are handled lawfully and in alignment with the deceased’s intentions. The legal process allows beneficiaries and other interested parties to challenge irregularities, seek transparency, and protect their rightful inheritance. Given the complexities involved, experienced legal representation is crucial in navigating the nuances of probate law and achieving a fair resolution.

Looking for insight and expert advice?

Breach of Fiduciary Duty: Holding Executors and Trustees Accountable

A breach of fiduciary duty occurs when an executor, administrator, or trustee fails to act in the best interests of the estate and its beneficiaries. This could mean anything from mismanaging assets to favoring certain heirs unfairly, or even using estate funds for personal gain. These breaches aren’t always outright fraud, they can also be caused by neglect, such as ignoring deadlines, failing to communicate, or letting important financial matters slip through the cracks. 

When someone is appointed to manage an estate—whether as an executor, administrator, or trustee—they take on a serious legal responsibility. They are expected to act in good faith, follow the terms of the will or trust, and make decisions that serve the best interests of the beneficiaries. 

Warning Signs of Fiduciary Misconduct:

  • Unexplained financial discrepancies or missing assets
  • Withholding or delaying financial records
  • Favoring certain beneficiaries over others without cause
  • Failure to distribute assets within a reasonable timeframe
  • Ignoring the terms of the will or trust for personal gain

Legal Steps to Address a Breach of Duty:

Probate Litigation Houston, texas

If an executor or trustee violates their legal obligations, beneficiaries can take action to protect their interests. Legal remedies may include:

  • Filing a claim to recover lost or misused assets
  • Petitioning the court to remove and replace the fiduciary
  • Demanding an audit to review financial records for misconduct
  • Pursuing litigation to hold the responsible party accountable

Regardless of intent, a fiduciary who fails to uphold their duty can cause serious harm to an estate and its rightful heirs. When that happens, beneficiaries have legal options to step in, challenge the misconduct, and, if necessary, remove the person from their role. If you suspect an executor or trustee is mishandling an estate, swift legal intervention can prevent further damage and ensure the rightful heirs receive what they are owed.

Removing an Executor or Administrator in Houston Texas

Probate Litigation Lawyer in Houston, texas

Executors and administrators play a crucial role in managing estates, but when they act in bad faith or fail in their duties, Houston Texas law provides mechanisms for their removal.

Grounds for Removing an Executor or Administrator:

  • Fraud, dishonesty, or mismanagement of assets
  • Failure to comply with probate court orders
  • Conflict of interest affecting fair estate administration
  • Incapacity or refusal to act

Legal Process and Requirements for Removal:

  • Beneficiaries or interested parties must file a petition with the probate court.
  • The petition must include evidence of misconduct or failure to fulfill duties.
  • The court will review the claims and assess whether removal is justified.
  • If removal is granted, the court will appoint a replacement to oversee the estate properly.

Why Choose Bohls Law for Probate Litigation in Texas?

The Law Office of Emily Bohls has a proven track record in handling complex probate disputes with precision and dedication. When probate conflicts arise, clients trust our firm for:

  • Experience in high-stakes probate disputes – Skilled legal advocacy for contested wills, fiduciary breaches, and executor removals.
  • Successful case outcomes – Dedicated representation with a strong history of favorable resolutions.
  • Legal strategies to protect beneficiaries and rightful heirs – Ensuring fair and lawful estate administration through strategic litigation.

If you are facing probate litigation in Texas, contact The Law Office of Emily Bohls to discuss your case and protect your rights.

Probate

Probate

At The Law Office Of Emily A. Bohls in Texas, we assist clients through every step of the probate process, which includes validating the deceased's will, cataloging assets, appraising property, settling debts and taxes, and distributing remaining assets according to the will or state law, ensuring thorough compliance and efficiency throughout.
Learn More ⟶

Guardianship

Guardianship

At The Law Office of Emily A. Bohls in Texas, our firm offers comprehensive assistance in uncontested guardianship cases, including establishing guardianships for both personal and estate matters, and managing ongoing responsibilities such as filing annual accountings, applications for property sales, and annual reports.
Learn More ⟶

Estate Planning

Estate Planning

Estate planning is pivotal at The Law Office of Emily A. Bohls in Texas, ensuring your family's future security regardless of your age, health, or financial standing, with personalized legal guidance and comprehensive strategies meticulously crafted to meet your specific needs.
Learn More ⟶

What Our Clients Are Saying

5/5
"I was at a total loss of who to go to for probating my dad’s will, so I feel very fortunate to have found Emily, an outstanding probate attorney in my area."
Testimonials 1
Alexa Y.
Caldwell County
5/5
"So happy to have found Emily after searching for a probate attorney! I was very worried and intimidated by the costs and amount of work involved after calling other attorneys, but Emily made it all so simple and her fees were always clear and I found to be reasonable"
Testimonials 2
Morgan J.
Harris County
5/5
"I wholeheartedly recommend Emily if you need an excellent probate attorney!"
Testimonials 3
Lisa D.
Comal County

Request a Consultation

Whether navigating complex family matters, planning for the future, or seeking legal advice for business ventures, you can trust The Law Office of Emily Bohls for reliable counsel and effective representation in Houston and beyond.