Misappropriation of assets is all too common prior to one’s passing. It is unfortunate that caregivers, relatives, trustees, executors, and those with a power of attorney sometimes find a way to transfer property to themselves. Such activity can often be discovered in the form of missing assets, emptied bank accounts, or property having been otherwise transferred to another. This can leave the heirs of a deceased feeling powerless and wondering what to do. Our Dallas probate litigation lawyers assist with beneficiary fraud and transfer disputes such as these. If you are a Texas resident and are facing such a situation then contact our attorneys today.
Texas attorneys disputing “gifts” which were the result of a power of attorney abuse
People often provide a financial power of attorney to relatives or caretakers during later stages of life. This is done so a third-party may assist with paying bills and otherwise managing finances. Unfortunately, such powers of attorney are sometimes abused. The person wielding the checkbook then “gifts” substantial money and or property to themselves. This results in assets, which should have gone to one’s heirs, instead being taken by a person who abused the decedent’s trust and confidence. Fortunately, through probate litigation, such fraudulent transfers can possibly be undone.
Gift disputes in a Texas probate will typically be presented to a Probate Court. A significant part of the process is to gather all necessary evidence showing that the property transfers were not intended as “gifts.” This evidence can take the form of bank records, correspondence, phone records, and witness testimony. We will assist you in gather the information you have access to while also obtaining information from third parties that you may not have access to. Presenting this information to the Judge and jury in a concise and understandable manner is crucial. If you are facing such a situation then you should contact an attorney immediately.
Our Dallas lawyers aggressively protect those disputing gifts taken through a power of attorney arrangement. We will use the probate litigation process to work for a fair resolution. Once retained we will acquire all relevant banks statements, account records, emails, letters, etc. to establish what the boundaries of any arrangement were meant to be. If funds or assets were transferred against the intent of the decedent then we will take steps to have any fraudulent transfers reversed. We will keep you informed each step of the way and promptly respond to your communications. We understand that this is a trying time for you. Contact our Dallas office today if you are a Texas resident who wishes to dispute a gift which is at issue during a Texas probate proceeding.
Dallas lawyers assisting with fraudulent transfers besides gifts when litigating a Texas probate
There are other issues besides powers of attorneys which can lead to the wrongful transfer of assets. Mistakes may be made regarding a joint account. There may have been a breach of fiduciary duty. Regardless of the situation, we are able to help. Price L. Johnson is a CPA as well as an attorney. Our firm has the experience and skill necessary to track financial assets which have been wrongfully transferred. You are facing a difficult situation and we are here to help. Contact our Dallas office today to speak with a probate litigation lawyer. Our office also services Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center.