Austin Probate Lawyer Alex R. Hernandez Jr.
Alex R. Hernandez Jr. is an Austin Probate and Estates lawyer handling large estate and probate matters for clients in Travis, Williamson, Hays, Bastrop and other surrounding counties.
What Is Probate Court Litigation?
The terms “contested matters” and “litigation” are often used interchangeably. Both refer to situations that may require court action to resolve a dispute or fix a problem. Some contested matters do not involve animosity between the parties, while others definitely do. If the matter surfaces because of a person’s death or mental incapacity, then any necessary court proceeding will usually be filed in a court that has “probate jurisdiction.”
“Contested matters” handled by probate courts includes, but isnot limited to:
- will contests (a challenge to the validity of a will);
- will and trust construction suits (a request that the court make a determination regarding the legal meaning or effect of particular wording used in a will or trust);
- guardianship contests (a fight over (1) whether a guardian should be appointed for a particular individual who allegedly has lost his mental capacity (and did not do any advance planning, such as executing powers of attorney), and (2) if so, who should be appointed as the guardian to make medical decisions and handle financial matters for that mentally incapacitated person);
- trust modification and trust reformation suits (a proceeding that requests the court to change (or “fix”) the terms of a trust because something is wrong with the way the trust is worded);
- trust termination suits (a legal action brought to terminate a trust because the purpose of the trust has been fulfilled or can no longer be fulfilled); and
- breach of fiduciary duty actions (suits by beneficiaries against an executor, trustee, guardian, or agent alleging that the fiduciary failed to act in accordance with the law and/or the instrument appointing her and thereby caused damage to the beneficiaries).
We can handle wills, trusts, probate, litigation, and other estate planning matters. Call our law office today Hernandez and English LLP 512-640-4099.