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Trust and Estate Litigation

September 16, 2015/in atty Purdie, practice /by l3g4l.w0rdz

TRUST AND ESTATE LITIGATION

Schlanger Silver attorneys offer the full range of trust and estate litigation services for individuals and institutions. Our attorneys represent executors, trustees, and estate and trust beneficiaries in a myriad of situations involving will contests, disputes between trustees and the trust beneficiaries, and contested guardianships.

The issues that arise around estate and trust disputes are very personal and involve not only legal issues, but also issues of family wealth and family relationships. Our attorneys offer clients not only their legal experience but they also bring to bear the necessary experience and knowledge required to navigate through emotionally difficult times for our clients. With that in mind, we represent clients with the appropriate force and sensitivity that best accomplishes their specific desires and goals:


Trust and Estate Litigation

  • Represent executors, whether individual or a corporate fiduciary, in the defense of will contests based upon allegations of lack of capacity, undue influence and the like
  • Prosecute will contests on behalf of beneficiaries or heirs
  • Defend executors and trustees against claims of breach of fiduciary duty
  • Represent estate and trust beneficiaries seeking to ensure that the executor or trustee is fulfilling his fiduciary duties
  • Reform trust agreements through the judicial modification process.
  • Assist trustees with “decanting” trusts using the Texas decanting statute
  • Represent executors or trustees when formal accounting demands are made
  • Represent agents appointed under powers of attorney to insure they properly fulfill their fiduciary duties

Contested Guardianships

  • Defend guardians against claims of breach of fiduciary duty
  • Prosecute or defend against claims of creditors in guardianship proceedings
  • Removal of court appointed guardians
  • Representation in challenges regarding fitness to be guardian


Litigation

September 16, 2015/in atty Cook, atty Kalmans, atty Purdie, practice /by l3g4l.w0rdz

LITIGATION

The Litigation Practice Area has assisted a broad range of clients with business litigation over the years. Our focus is on analyzing your case, understanding client goals, and implementing a strategy to meet those goals. Our litigators have the knowledge, drive and courtroom experience to take your case to trial. We also evaluate each client’s circumstances to determine if there is a more efficient way to resolve your dispute short of trial. We handle bench and jury trials in state and federal court, as well as arbitrations and mediations. Our attorneys have handled appeals to the Texas Courts of Appeal, the United States Court of Appeals for the Fifth Circuit, and the United States Supreme Court.

Schlanger Silver represents lenders, creditors, business owners, employers, contractors, partnerships, developers, landlords, tenants, entrepreneurs, executors, trustees, and beneficiaries. Our Litigation Practice includes, but is not limited to, matters involving:

  • Real Estate Litigation
  • Contract Litigation
  • Employment Litigation
  • Trust and Estate Litigation
  • Breach of Fiduciary Duty
  • Lender Liability
  • Creditor Rights
  • Non-Competes
  • Trade Secrets
  • Partnership Disputes
  • Bankruptcy


Estate Planning, Probate and Guardianship

September 16, 2015/in associate Kasperitis, atty Madole, atty McCreight, atty Purdie, practice /by l3g4l.w0rdz

ESTATE PLANNING, PROBATE AND GUARDIANSHIP

Estate Planning

Schlanger Silver has extensive experience in estate planning and provides a full range of estate planning services throughout our client’s lifetimes to ensure that their planning goals are met. These services include consultations on and preparation of:

  • wills and related documents,
  • estate tax and income tax reduction,
  • asset protection strategies,
  • charitable planning,
  • family business planning, and
  • caring for aging parents.

One of our priorities is to understand our client’s unique issues and objectives and implement solutions that meet those objectives, while minimizing income taxes and estate taxes. While some clients need simple wills and healthcare documents, other clients, such as family business owners, entrepreneurs, and high net worth clients, often need more sophisticated planning to secure better asset protection, reduce estate taxes, and provide appropriate asset planning for their children and grandchildren.

Probate

When a loved one passes and a will needs to be probated or if there is no will, the attorneys at Schlanger Silver stand ready to help clients navigate many issues that arise during the administration of an estate.

The probate process in Texas has a number of statutorily required steps that require follow through by the personal representative. In addition, there are often estate, gift and income tax issues that need to be addressed. Our attorneys are well versed in the estate administration process and are here to assist clients with the many issues that arise in the most cost effective and efficient manner possible.

Issues that often come up in the probate process include:

• Quantifying and seeking to minimize any federal estate, gift or income taxes
• Paying debts and expenses owed by an estate
• Assisting in the valuation of probate assets
• Clearing title to real property

Guardianship

At Schlanger Silver we understand the difficulties that families face when considering whether a guardianship is appropriate for a loved one. One of the initial steps in determining whether a guardianship is appropriate is to have your loved one medically evaluated. If a legal guardianship is determined to be necessary, our attorneys can help establish legal guardians and protect the best interest of elderly individuals, people dealing with mental illness, cognitive disabilities and individuals who are physically debiliated.


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109 North Post Oak Lane, Suite 300 | Houston,Texas 77024 | 713.785.1700
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