Dallas Lawyers Litigating Whether Property Should Be Included In An Estate
When a person passes away, a Probate Court must identify the deceased’s probate assets and liabilities and determine which property or assets may be distributed to beneficiaries. In some cases, this is a straightforward process. In other situations, it can become difficult to identify all items of the deceased’s property or to determine if the deceased rightfully owned the property. Disputes over such matters can have a significant impact on the estate’s administration, the beneficiaries, and on third parties who challenge property rights. Depending upon the complexity of the estate, litigation may be necessary to protect one’s rights. If you are involved in a Texas probate dispute involving property rights, then contact our Dallas lawyers immediately. The attorneys at The Johnson Firm are ready to aggressively protect your interests.
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Attorneys assisting Dallas residents with determining whether property should be included in an estate during probate
There are a variety of circumstances under which it can be difficult to determine what property comprises or should comprise the decedent’s estate. For instance, a third party may have fraudulently transferred property that would otherwise have been included in the estate to themselves before the decedent passed. There may also be disputes over whether the decedent owned the property in the first place, such as an ongoing dispute over real estate ownership that must first be resolved. Such disputes are typically presented to a Texas probate Judge or jury. It will be necessary to gain all documentation related to the disputed property so that counsel can assist and guide you in that process. Such documentation may include titles of ownership, sales contracts, financial payment records, etc. It may also include witnesses that can testify to various aspects of your claims. You need an aggressive attorney to properly present these issues to the Court on your behalf.
Consider the following example. Prior to his death, Joe and two of his friends pool their resources to purchase a vacation home on the beach. For convenience, the property was titled only in Joe’s name and no formal documentation was signed to memorialize the ownership rights of the others. When Joe passes away, the vacation home becomes part of his estate and subject to the property distribution provisions of Joe’s trust. To protect their interest in the property, the surviving friends must challenge the inclusion of the property in the estate. The Court’s ultimate decision will depend upon the type of evidence presented by the challenging parties.
Our Dallas attorneys assist Texas residents in matters involving disputes over estate property. We will use all the tools at our disposal to acquire documented evidence, affidavits, and sworn testimony to establish necessary chains of ownership. We will thoroughly examine claims that people are making to the property and will explore all avenues in arguing that those claims are invalid. Price L. Johnson is a CPA as well as a lawyer and understands the steps involved in creating a document trail. We will stay in regular contact with you throughout the process and will protect your interests. Call our office today to schedule a consultation. Our office also services Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center.
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Lawyers understanding that property may not necessarily belong in an estate during a Texas probate
Our lawyers understand that the issue of property in an estate can cut both ways. There are times when one may have a legitimate claim to property that others are claiming should be theirs. If you are the rightful owner of property that has been claimed in an estate matter, then you need an attorney who will examine the property’s history and attack any erroneous claims of ownership. Our firm will use the discovery process to acquire all documents supporting the claims that property should be included in an estate and will take the necessary steps to protect your rights during this time. If you are a Texas resident who is facing such a situation then you should contact our Dallas office immediately.
We are also able to assist with other matters that may arise during a probate. This includes disputing a last will and testament, disputing the claims of creditors during probate, as well as any breach of fiduciary duties.