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Litigation

Sometimes, things go wrong. When things go wrong, good advocacy for the right outcome is very important.

The Graham Law Group litigates the following issues:

  • Will Contests
  • Guardianship Contests
  • Fiduciary Breach
  • Trust Litigation
  • Probate Litigation
  • Special Needs Issues

Will Contests

A Will Contest exists when a beneficiary acts badly. Sometimes, this can occur when an aging or ill family member is coerced into signing a Will that doesn’t accurately reflect their wishes. In other circumstances, a person may sign a Will while suffering from dementia; or, sometimes there is more than one Will in possession of the family. When a Will is not assuredly the last wishes of a loved one, there is a way to bring a lawsuit. If you think a Last Will & Testament is being wrongly followed, consult with a Graham Law Group attorney to see if there is a legal remedy.

Guardianship Contests

A guardianship contest occurs when people disagree about who a person’s decision maker should be. This can be because someone has taken advantage of an elder or minor child, money has been stolen, a potential caregiver is abusive or threatening, or because a person has become aware of a bad act or series of actions. There is a legal course of action to disagree with a person who wishes to be guardian or to remove a bad actor. Contact us to discuss your current situation or concerns.

Fiduciary Breach

Powers of Attorney and Trustees have a financial duty to carry out their duty. If an agent acting under a Power of Attorney or a Trustee breaches (or breaks) this duty, they can be personally liable. Quick legal action can help protect someone from financial abuse.

Trust Litigation

Sometimes, the terms of a trust that are put into place no longer work or the terms of the trust require amendment or termination. Many Trusts require a Court to order these changes. This is especially true if the beneficiary of a trust is a special needs adult or child.

Probate Litigation

Dealing with a loved one’s last wishes is an important job. If an executor or administrator fails to pay debts correctly, doesn’t notify beneficiaries correctly, or refuses to account or distribute funds as anticipated, the beneficiaries have a right to take action under Texas law. It is important to address concerns in a timely fashion on probate issues because there is a time frame in which the issues must be addressed or a beneficiary may lose the right forever to get information or seek their inheritance.

Special Needs Issues

Special children and adults require special care. This can include special trust planning to ensure that government benefits aren’t lost, creation of Trust to settle divorce payment, or guardianship issues.