Common Probate and Guardianship Disputes In Texas


Probate and guardianship disputes can become highly contentious as family members and heirs fight over real estate, personal property, and even loved ones. These disputes often involve more than just financial issues but, may be fueled by sibling rivalry, which can quickly escalate the situation and jeopardize everyone’s best interests. At MehaffyWeber, our experienced attorneys have successfully resolved a number of probate and guardianship matters, and we can help individuals throughout every phase of the legal process. Our attorneys can help as follows:


  • Land Disputes – For individuals who own large amounts of property, the distribution of that property can be complicated. A beneficiary or heir may try to self deal by transferring property to himself. Beneficiaries may disagree regarding whether or not property should be sold. Regardless of the type of issue, land disputes among heirs will need experienced attorneys help to resolve.
  • Oil and Gas Royalties – Many Texas landowners have benefitted from developing relationships with oil and gas companies. For landowners who have sold their mineral rights or royalties, determining how royalties are divided among heirs can be difficult. In some cases with millions of dollars at stake, deciding exactly who will receive royalties and how much they will receive is often a point of contention.
  • Heirship Disputes – Texas has very complicated laws regarding who can be considered an heir. If a loved one dies without leaving a will, also called dying intestate, many individuals may claim heirship. Under Texas law, if someone dies without leaving a will, his or her assets will be distributed to heirs based on state intestacy laws without regard for the deceased’s wishes.
  • Incapacity – When an individual becomes incapacitated and can no longer make decisions for himself, he needs an agent to make decisions for him. Determining who will become responsible for an incapacitated person’s decisions would seem easy if a living will and/or power of attorney document was established, but loved ones can still dispute those documents in court. While the agent is usually a spouse or family member, other family members might not agree with how the agent decides to handle things like end of life care, financial decisions, and other important situations.
  • Guardianship – Guardianship of dependents is often contested in families. While many people believe guardianship disputes involve children, guardianship can also apply to incapacitated individuals who cannot make decisions on their own. Applying for and obtaining a guardianship can be challenging, but with the help of an experienced lawyer, individuals can petition for a guardianship. Removing a guardian once a minor comes of age or an incapacitated person regains their mental faculties also involves legal processes an experienced attorney can help with.

Get Help From Experienced Probate and Guardianship Lawyers

The probate and guardianship legal team at MehaffyWeber can handle highly specialized probate and guardianship disputes at both the trial and appellate levels in a wide range of jurisdictions. Our attorneys work alongside executors, trustees, guardians, and heirs to help resolve disputes economically and successfully. Contact us today to schedule an appointment to discuss your probate or guardianship issues.