Fiduciary Litigation

The executive summary: fiduciary litigation the process of working out disagreements that relate to how an estate, trust, guardianship, business ownership, or other fiduciary relationship is being handled.

 

Helping you productively move through the litigation process so you can close this chapter and get back to the rest of your life.

Divvying up a loved one’s estate after their death can be an emotionally charged experience and lead to painful conflict even between otherwise-loving family members. And while you likely want to come to a resolution in a smart, efficient, and fair way, getting to that point feels a lot less straightforward.

Maybe you’re worried about damaging relationships with family members, colleagues, or friends by moving forward with the litigation process. Or maybe you’re unsure about your legal rights or if taking action is really necessary.

But you know one thing for sure: like driving on I-35, it’s best to proceed with caution.  

what you can expect from us

Clear-headed, Compassionate Advocacy

We’ll help you understand the legal implications of your situation, methodically consider your options, and gauge what a favorable outcome might realistically look like. And because your interests are always top of mind, efficacy and efficiency are both important to us. We’re known for providing thorough, quality service at a rate that’s appropriate and competitive.

And having dedicated our careers to learning, analyzing, and applying the law, we’re well practiced at making compelling arguments on behalf of our clients. Our fiduciary litigation attorneys have successfully represented a wide range of clients, from those with relatively small estates to multi-million-dollar ones throughout Austin, Travis County, Williamson County, and surrounding areas. And we’d be honored to work with you, too.

Fiduciary and Estate Litigation Services

Our litigation team can assist in the representation of individuals, executors, trustees, beneficiaries, guardians, and general and limited partners in the following types of matters:

Will & Trust Contests

Breach of Fiduciary Duty Claims

Will & Trust Modifications

Trust Reformation & Termination

Declaratory judgment actions interpreting Wills, Trusts & partnership agreements

Determination of capacity & qualification of guardians in guardianships

Challenges to Powers of Attorney designations

Challenges to financial account agreements

Fiduciary Litigation Details

  • Our services are comprehensive: we will work up the viability of your claim, manage the relationship with other involved parties, appear in court, and handle all requirements of a civil case in Texas, all while keeping you informed throughout the entire process.

  • Average investment depends on the complexity and specifics of each case. We’re paid by the hour at a competitive hourly rate, but in some situations we’ll take on a case for a contingency fee (i.e., we’re paid a percentage of any money we receive for you, but you owe us nothing if we aren’t successful.)

  • Step 01: Submit the Questionnaire

    To get started, fill out the prospective client questionnaire to briefly get us up to speed on your current situation. This high-level overview is what helps us understand which of our attorneys is best suited for your case.

    Step 02: Schedule a Consultation

    One of our litigation attorneys will reach out to coordinate a free or paid consultation, depending on your situation. During this call, you’ll have the opportunity to get any initial questions answered and learn more about what the fiduciary litigation process might look like. If you choose to move forward, we’ll send along a contract and request any relevant documentation we might need from you.

    Step 03: Meet with Your Lawyer

    Next, you’ll meet with your lawyer virtually or at our Austin office to discuss your situation in depth. After working up what your options are in your specific situation, we’ll walk you through the implications and possible outcomes of each option. The ability to make informed decisions creates a greater sense of ease and stability in the midst of a messy or emotionally taxing situation, which is why we want you to feel as well-informed as possible. From there, we’ll strategize how to solve your problem, and your attorney will work with you on next steps.

    Litigation cases can last as short as a couple of months with a successful demand letter or mediation, or as long as several years.

 

What’s the Verdict?

Practice Attorneys