Experience Where It Counts In Estate Litigation and Will Contests
Not all estate plans are well-drafted and even when they are, they can end up in litigation. A beneficiary can dispute the will or sue the executor or trustee. If you are dealing with a will contest or estate litigation as it relates to an estate plan, you should consult an attorney to handle your case.
Our trial and probate attorneys have handled various cases. We work with beneficiaries, executors and trustees to help them understand their rights. The lawyers at Brink & Bennett will blend their knowledge of probate, trust, guardianship and tax law to handle your complex fiduciary litigation case.
A Will Can Be Contested For Multiple Reasons
Once a will has been witnessed and signed, it is considered valid. A will may be contested if someone suspects that the author may have been under duress, been insane, been delusional or lacked testamentary capacity, or the will could be fraudulent. One of the grounds for a contest must be proven for you to win your case.
Breach Of Fiduciary Duty
If an estate plan executor or trustee has committed an act that contrasts with what was outlined in the will or trust, he or she will be held legally responsible. The penalties associated with breaching fiduciary duty are:
- Profit disgorgement
- Constructive trust
- An order that retrains the continuance of a breach and requires the disloyal party to make restitution
Texas caps damages awards in lawsuits, which means that the disloyal party will not have to recover the loss. Texas also allows for the cap to be busted. To protect your rights, you will want an attorney at your side.
A Highly Complex Case Requires Highly Skilled Counsel
We will guide you to a resolution of your will contest, probate litigation, trustee liability or executor liability case. Contact our office in Austin by calling 512-643-3338. You can also schedule your consultation by email.