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