+ When can a will be contested?

There are a number of circumstances under which an individual may choose to contest a will:

• If undue influence was a factor
• If the will was not properly executed
• If the person who signed the will did not possess “testamentary capacity” i.e. the mental capacity to understand the process and purpose of executing a will
• If the will was handwritten and it does not meet Texas rules and standards applying handwritten wills
• If disputes arise between beneficiaries

+ Can an executor or trustee be removed?

Situations in which an executor or trustee can be removed include:

• When other individuals who have an interest in the estate believe that an executor or trustee is not fulfilling their duties
• When the executor or trustee does not have expertise or knowledge of his or her duties
• When the executor or trustee does not have the best interests of all parties involved in mind
• When the executor or trustee acts fraudulently, self-deals, maybe acts like an asshole, etc.

+ Is probate or trust litigation expensive?

Yes. However, it is important to explore your payment options. You may be able to hire an attorney on an hourly basis or on a contingency fee basis. The hourly rate of experienced attorneys is about $400 to $600 an hour, but if you’ve got a $100k trust, don’t shop for an expensive lawyer — do your homework. You might consider a contingency fee arrangement, your attorney will get a certain percentage of the total amount of money he or she recovers for you. But trust litigation is complicated and costly — in addition to attorney fees, deposition expenses, court reporters, expert witnesses, and costs arising from the discovery process are significant.

+ Do you offer free consultations?

No, I do not. Do you like to work for free?