Family disputes during probate can transform an already difficult time into a lengthy, expensive battle that damages relationships and depletes estate assets. Whether you’re facing a will contest, disagreements over executor decisions, or disputes about asset distribution, you need attorneys who understand both the legal complexities and the family dynamics at play—and who can navigate toward resolution rather than escalation.
The majority of probate attorneys build their practices on uncontested, cooperative estates where family members agree and documents are clear. There are enough of these cases to make a good practice for a small or solo attorney.
When conflict starts, these attorneys often have to withdraw from representation. They may not be able to act quickly to make strategic decisions, litigation procedures, and negotiation opportunities that contested matters often demand. They may inadvertently escalate tensions, miss opportunities for resolution, or simply fail to act to protect their clients or the estates interests when disputes head to court.
Note: The “Typical Local Attorney” column reflects what we’ve commonly observed in the Texas probate market. Individual attorneys may vary. We are not comparing ourselves to any one firm. These are just our observations from practicing as probate attorneys over the years.
| Will Disputes | Our Firm | Typical Local Attorney* |
|---|---|---|
| Will Contest Experience | We handle validity challenges, including will contests | May have never contested a will |
| Undue Influence Cases | Strategies for proving or defending undue influence claims | May lack investigation and struggle to put together the case or defense |
| Capacity Challenges | Know what medical evidence matters, and how to get evidence to support cases | May not understand capacity standards or how to go about getting medical evidence |
| Forgery and Fraud Claims | Experience with document examination and proof | Rarely encounter fraud allegations |
| Multiple Will Situations | Navigate competing document claims, often successive wills, holographic wills, and codicils | My overlook the impact of multiple wills, etc. |
| Holographic Will Disputes | Understand handwritten will requirements and what the probate courts might be willing to accept or not | May not know holographic will laws or standards |
| Fiduciary Conflicts | Our Firm | Typical Local Attorney* |
|---|---|---|
| Removal Proceedings | Strategic approach to removing or defending executors | Often avoid confrontation |
| Breach of Fiduciary Duty | Understand standards and proof requirements | May not recognize breaches |
| Accounting Disputes | Force proper accountings and challenge improper ones | Typically don’t scrutinize accountings or outsources them |
| Self-Dealing Prevention | Identify and stop executor self-dealing | May miss conflict transactions |
| Co-Executor Conflicts | Navigate disagreements between multiple executors | May lack strategies for resolution |
| Temporary Administration | Secure emergency appointments when needed | May not know temporary procedures |
| Distribution Conflicts | Our Firm | Typical Local Attorney* |
|---|---|---|
| Heirship Determinations | Handle complex family tree disputes, including remote heirs and even missing persons cases | Usually assume clear heirship, and refer out this work |
| Asset Valuation Disputes | Knowledge of appraisers and valuation experts | May accept valuations without scrutinizing them |
| Personal Property Conflicts | Systems and techniques for encouraging the fair division of sentimental items | May leave it to families to fight it out |
| Business Interest Disputes | Navigate partnership and entity conflicts, including buy sell agreements, business succession, etc. | Rarely handle business disputes and may refer the work to other firms |
| Real Estate Partition | Experience with partition actions and sales, including heirship property partitions | May not understand partition rights or options |
| Creditor Challenges | Strategies for defending against improper creditor claims, both in and out of court | May not fully understand what claims have to be paid and avoid disputes for claims that should not be paid |
| Litigation Experience | Our Firm | Typical Local Attorney* |
|---|---|---|
| Trial Experience | Attorneys with probate trial experience | May have never tried a case |
| Discovery Practice | Strategic use of depositions and discovery techniques | May be unfamiliar with discovery tools |
| Emergency Motions | Secure restraining orders and injunctions when needed | May not know emergency procedures |
| Mediation Skills | Deep mediation and negotiation expereicne | May lack alternative dispute resolution experience |
| Appeal Experience | Handle appeals when trial courts err | Rarely involved in appeals |
| Multiple Court Coordination | Handle related litigation across counties | May only practice in one court |
We evaluate every dispute for both its legal merits and its resolution potential. Not every disagreement needs to become a war, but when battle is necessary, you need attorneys prepared to fight effectively. We help you understand your options, the likely costs, and the potential outcomes before emotions drive decisions.
Experience has taught us to spot brewing conflicts before they explode. We implement strategies to document decisions, communicate transparently, and build records that protect against later challenges. When we see warning signs, we take preventive action rather than waiting for disputes to mature.
Most probate disputes shouldn’t go to trial—the cost and family damage often exceed any benefit. We excel at finding creative resolutions that address underlying concerns while preserving relationships and estate value. But when opponents won’t be reasonable, we have the trial experience to protect your interests in court.
| Cost Considerations | Our Firm | Typical Local Attorney* |
|---|---|---|
| Fee Structure Options | Flexible arrangements and advance payments, including contingency where appropriate | Usually require large retainers |
| Cost-Benefit Analysis | Assessment of dispute economics | May not provide an expected budget |
| Efficiency in Litigation | Streamlined procedures reduce costs | Inefficiency increases everyone’s costs |
| Settlement Evaluation | Realistic assessment of settlement value | Often lack settlement experience |
| Estate Depletion Prevention | Strategies to preserve estate assets | May let legal fees consume estate |
| Insurance Coverage Analysis | Identify potential insurance for defense costs | May miss insurance possibilities |
| Family Communication | Our Firm | Typical Local Attorney* |
|---|---|---|
| Multi-Party Updates | Systems to keep all parties informed appropriately | Often poor communication |
| Emotional Support Resources | Understand the emotional toll and provide resources | May ignore emotional aspects |
| Family Dynamic Navigation | Experience with complex family relationships | Often make family dynamics worse |
| Neutral Communication | Professional, non-inflammatory correspondence | May escalate through poor communication |
| Documentation Systems | Clear records of all decisions and communications | May lack proper documentation systems |
*Based on common market observations. Individual attorneys may differ.
If you believe a will is invalid, an executor is breaching duties, or you’re being denied your rightful inheritance, we help you understand your standing, the strength of your claims, and the most efficient path to resolution. We won’t encourage frivolous disputes, but we’ll fight hard for legitimate claims.
If you’re an executor facing challenges or a beneficiary defending against other claims, we provide the experience and documentation strategies to protect your position. We help you fulfill duties properly while defending against unfounded attacks on your actions or the estate plan.
Sometimes you’re neither the primary challenger nor defender—you just want your rightful share without unnecessary conflict. We help neutral parties navigate disputes efficiently, often building coalitions that can push toward reasonable resolution.
Probate disputes have critical deadlines and strategic timing considerations. Will contests must be filed within strict timeframes. Executor removal motions may be stronger at certain points. Early intervention often provides more options than waiting until positions harden. Our experience helps identify the optimal timing for each strategic decision.
Probate litigation combines elements of civil litigation, family law, and traditional probate practice. Attorneys without specific probate dispute experience may miss the unique procedures, deadlines, and strategies that apply. They might treat it like a simple civil case and miss probate-specific remedies, or handle it like a routine probate and be unprepared for litigation tactics.
Family disputes don’t end when the probate closes—the relationships continue. We understand that today’s opponent may be tomorrow’s Thanksgiving dinner guest. When possible, we seek resolutions that protect your legal rights while preserving what family relationships can be maintained. But we never sacrifice your rightful interests just to keep an artificial peace.
Whether you’re considering challenging estate administration, defending against claims, or trying to navigate family conflicts during probate, you need experienced counsel who understands both the legal and human dimensions of these disputes. Contact us today for a candid assessment of your situation and strategic options for moving forward.
