San Antonio Fiduciary Litigation Lawyer

Bexar County Fiduciary Litigation Attorney Serving San Antonio

After a loved one passes away, you should expect all their affairs to be treated with respect and transparency. However, what happens when you believe your loved one's will does not correctly reflect their wishes? What if the executor of their will does not disclose all their financial assets? Conversely, what if you are an executor accused of not following your loved one's wishes? At The Law Office of Ryan C. Moe, PLLC, we will represent you and your interests if you choose to contest a will or a trust, if you are defending a will or trust, or if you suspect a breach of fiduciary duty in an elder law or probate case.

Disputing a Will or a Trust

Among the reasons why disputes over wills and trusts occur are:

• Unsound mind: You may be able to contest a will if you believe the person who created the will, known as the testator, lacked "testamentary capacity," meaning they did not have the mental capacity to create a will or were not of sound mind when the will was made. For a will to be valid, the testator must be able to understand the effects of the will, the extent of their property, and other vital information.
• Duress/undue influence: A will may be invalid if the testator was coerced into writing the will in a certain way or was otherwise influenced by an individual.
• Improper execution: If Texas law was not followed when the will was created, a court might find it invalid.
• Supersession: If a later document was prepared and signed by the testator that counteracts parts of the will, that document might supersede and invalidate those portions.

For any of these reasons, you may be able to challenge a will — called a "will contest" — and ask a court to throw out either an entire will or portions of it. If a whole will is voided, the court may determine that a previous will is valid, or it may decide that the testator died without a valid will, which is known as dying intestate. Under Texas law, there are strict time limits and particular rules if you choose to contest a will. That is why we strongly recommend working with our attorneys, who are experienced in will contests.

Breach of Fiduciary Duty

When a person agrees to be a fiduciary under Texas law, whether they are a guardian, trustee, or executor, they have a duty to represent the best interests of the beneficiary or beneficiaries when overseeing their property, money, or care and fulfilling specific responsibilities.

However, these arrangements may also allow individuals to take advantage of their position. Guardians can steal money from those they are supposed to protect. Executors of a will can withhold information about a person's estate. Trustees can make unwise investment decisions.

Specific duties that a fiduciary acting as an estate representative has include locating and valuing the estate assets, keeping an accurate record of the assets, paying debts promptly, distributing the assets, and filing tax returns for the estate. The duties of a trustee include distributing and investing trust income, paying taxes, and tracking all income, distributions, and expenditures.

There is no set definition of what constitutes a breach of fiduciary duty. Failure by a fiduciary to effectively manage trust duties could be considered a fiduciary duty breach. Disputes can often occur during probate litigation when tensions are already running high. Our lawyers can help you determine if you are the victim of a breach of fiduciary duty and whether you should pursue litigation. We have experience fighting for individuals who were harmed by unfair acts during estate administration, probate cases, and elder law fiduciary relationships.

Contact a Boerne Attorney for Fiduciary Litigation and Will & Trust Contest Litigation

Tensions can run high when there is a dispute over a will or trust or when there are allegations of a breach of fiduciary duty. The attorneys of The Law Office of Ryan C. Moe, PLLC can help you understand your options, and we can represent you in any probate litigation case. Call 210-861-6000 or contact our office. We handle cases in Bexar County and throughout the San Antonio area, including New Braunfels, Boerne, Castroville, Devine, La Vernia, Seguin, Hondo, Floresville, Jourdanton, and including but not limited to Atascosa County, Medina County, Kendall County, Comal County, Wilson County, Bandera County, and Guadalupe County.