Probate Law

Our probate representation involves both the administration of estates as well as probate related litigation. Whether the primary estate planning document of the decedent was a will or trust, disputes among beneficiaries and those persons named as the executor in a will or the trustee in a trust often develop. The relationship present between an executor in a will and the beneficiaries under the will, a trustee in a trust and the trust’s beneficiaries, or the person to whom a power of attorney has been given and that person’s beneficiaries, carries with it the highest legal duties provided for under Texas Law.

Misconduct by a trustee, executor, administrator, or attorney-in-fact, can result in a legal claim for breach of fiduciary duty which can involve punitive damages. We provide legal representation to individuals whose rights have been wrongfully affected by such fiduciaries, and we also defend fiduciaries against charges of improper conduct. We also provide legal advice in connection with the administration of a decedent’s estate for those who have died with or without a valid will or trust.

Other areas of probate litigation our Burdette & Rice handles include contested guardianships; will contests; contests regarding the validity of trusts and transfers to certain trusts; as well as disputes involving transfers of property effective at the time of death, such as life insurance, annuities, joint tenancy with rights of survivorship accounts and IRA’s, and transfers regarding United States saving bonds, among others.

Finally, in legal claims pertaining to marital property, we assist in protecting the surviving spouse and children’s rights in community property.

To discuss your personal probate needs, please contact us for a free consultation by phone, e-mail, or in person.