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Estate & Probate

Administration and Litigation Attorneys

Facing estate planning or probate challenges in Austin? Our respected attorneys provide reliable guidance and support. Reach out for the assistance you need!

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Austin Estate and Probate Attorneys

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Anyone who’s been through probate, trust, or guardianship issues understands just how frustrating and difficult these matters can be. They pose unique concerns and pose challenges that are often unforeseen. They also have the potential to cause disruption and disputes within families, so it’s imperative that you work with an experienced team of Austin estate planning and administration attorneys when faced with these issues.

At Ford + Bergner LLP, we are proud of the way our attorneys assist families and other interested parties with guardianship and estate litigation and administration cases. Our team understands not only the complicated legal aspects but also the sensitive nature of these issues, particularly when they are addressed soon after a loved one’s passing.

We do all we can to minimize conflict when assisting with administration. However, for times when it’s simply unavoidable, our Austin estate and probate attorneys are prepared to fight for our clients’ interests.

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Our Practice Areas

Planning & Administrative Services

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Planning &
Administrative Services
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Guardianship
Fiduciary Services
Fiduciary Services

Estate, Trust, And Guardianship Litigation

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Probate, Trust, &
Guardianship Cases
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Alternatives To
Litigation

Complicated Estate Legal Matters In Austin

There are few legal issues as complicated as those of probate, trust, and guardianship. The laws that govern these matters are inherently broad because of the individuality of each estate. This means there are many opportunities for disputes to arise. Given the importance of what’s at stake, particularly with high-asset estates and issues of guardianship, it’s easy to see how tension can quickly build.

There is often a significant amount of emotion at play in these cases. While other interested parties may be involved, there are often family dynamics at play that can make these situations complicated. In many cases, too, these concerns are addressed shortly after the passing of a loved one, and the raw emotions involved can often add to the complexity. It’s imperative, then, that you work with a sophisticated and experienced legal team who understands the full scope of risks involved.

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What Makes Ford + Bergner LLP the Right Choice for You?

As a boutique law firm, Ford + Bergner LLP handles—almost exclusively—cases related to issues of estates and guardianship. For more than 25 years, we’ve been helping our clients seek resolutions to probate, trusts, and guardianship concerns. Whether through assisting with administration or making a strong case during litigation, we are dedicated to doing right by our clients and their interests.

One of the most important aspects of working through such a complicated area of law is producing creative, innovative solutions. Given the unique nature of each estate, it stands to reason that unique solutions may be required. Our team takes a creative approach centered on finding the right problem-solving tactics for the difficulties you’re facing. We recognize that a different method may be necessary for each case we take on.

Our Austin estate and probate attorneys have been involved in a wide variety of complex issues, including those presented by high-asset estates. We understand how the unique assets involved can be challenging to manage, as well as the way in which wealth can drive the personal interests of the parties involved. These situations call for a skilled approach offered by the experienced team at Ford + Bergner LLP.

For instance, some of the most complicated estate-related issues can emerge when the deceased owned a business or was a partial owner of a business. These cases could be handled in a number of different ways, and it’s difficult to find a solution that everyone is willing to agree to. Our firm, however, has helped with family disputes centered around multi-million dollar companies that employed hundreds of people. We have achieved favorable resolutions in these cases and bring this crucial experience to every client we take on.

The Probate Process in Austin

Probate is the process of addressing how someone’s estate is to be handled in light of their death. It involves a number of procedures but is also influenced by the deceased’s will, if they had one. In the absence of will, there are rules about how the estate should be divided, but typically, the will serves as the basis for distribution.

There are some aspects of probate that many people, particularly when high-asset estates are involved, try to avoid. For instance, probate means significant exposure to taxation, creditors, and anyone with a claim on the estate. The process is also public, and some people may prefer to have the specifics involved in their estate administration and asset distribution kept private.

Probate can also increase the likelihood of disputes and conflict when compared with something like a trust, which is generally harder to argue against. However, trust litigation can still occur.

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When Litigation Becomes Necessary

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A well thought out and carefully prepared estate plan reduces the risk of and need for litigation. However, it’s impossible to guarantee litigation will be avoided. Trust, guardianship, and probate matters are important and meaningful issues for those involved. The emotional element can make a significant difference in these cases, and there are times when litigation may be the only viable option.

In terms of guardianship, litigation could take several different forms. For instance, someone might resist the idea of being placed in the care of a guardian. An issue could also arise when surviving family members or other interested parties dispute what should happen to someone when their guardian dies.

Matters of estates, and probate in particular, also hold the potential for litigation concerns. There may be expectations regarding how the estate should have been distributed. When the reality doesn’t meet these expectations, it’s possible that probate litigation may be the only way to resolve the issue.

Probate, trust, and guardianship issues are heard in different courts, depending on the particular county in which the case is brought. When these cases are filed in smaller counties, they are often heard by courts that also hear civil or criminal cases. However, in larger counties, including Travis County, the number of cases concerning these matters is significant enough to warrant courts dedicated to hearing only these estate-related concerns.

Specialized courts could benefit those involved in estate-related cases. These courts have a more thorough understanding of the nuances of trust, guardianship, and probate law. This could lead to more consistency in the rulings from these courts and give the parties involved a better idea of what to expect.

Specialized Courts

Probate, trust, and guardianship issues are heard in different courts, depending on the particular county in which the case is brought. When these cases are filed in smaller counties, they are often heard by courts that also hear civil or criminal cases. However, in larger counties, including Travis County, the number of cases concerning these matters is significant enough to warrant courts dedicated to hearing only these estate-related concerns.

Specialized courts could benefit those involved in estate-related cases. These courts have a more thorough understanding of the nuances of trust, guardianship, and probate law. This could lead to more consistency in the rulings from these courts and give the parties involved a better idea of what to expect.

Alternatives to Litigation

Understanding Trusts

What Is Guardianship?

Estate Administration
in Austin

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Estate administration involves taking the estate through probate, executing the demands of a trust, or both. The more complicated the estate plan, the longer the administration process will likely be.

Administration is often complicated, and it will need to conform to the legal guidelines and expectations. Failing to properly administer an estate can cause unnecessary delays, create problems, lead to disputes, and risk being inefficient. However, one of the most effective ways to mitigate these issues is to work with an experienced attorney who understands the administration process.

At Ford + Bergner LLP, our Austin estate and probate lawyers have extensive experience assisting with the administration process. We are often able to identify potential problems and concerns before they get out of hand, and we can also minimize the risk and impact of disputes. Our knowledge and experience allows the administration process to proceed smoothly and efficiently.

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Choosing an Eligible Venue

In addition to having proper standing to bring an issue to the court, a plaintiff must file the matter with the appropriate venue. There are a number of different rules dictating where the case should be filed, and they are spelled out in the Texas Trust Code and Texas Estates Code.

Generally, however, there will need to be a strong connection between the county and the case. Typically, this is determined based on residency, particularly the residence of the subject of the issue. For instance, in estate claims, the county where the deceased resided at the time of their death will likely be valid. In a guardianship case, the county where the person who may require a guardian resides will likely be an appropriate venue.

Ford + Bergner LLP: Strong Litigators for Your Trust, Guardianship, or Probate Case

At Ford + Bergner LLP, our estate and probate attorneys in Austin are prepared to assist with your administration and litigation needs. Whether you’re contesting a will, seeking guardianship over a loved one, or navigating the complexities of probate, we are here to help. We understand that these matters can be both legally challenging and emotionally taxing, and we are committed to providing you with the support and experience you need.

Our team is comprised of aggressive litigators and creative mediators who are dedicated to achieving your desired outcome. We take the time to thoroughly understand your unique situation, allowing us to identify and implement the ideal solution for your case. Whether it’s through strategic negotiation or tenacious courtroom representation, our Austin estate and probate lawyers work tirelessly to protect your interests and ensure the best possible resolution.

At Ford + Bergner LLP, we pride ourselves on our ability to handle even the most complex estate and probate matters with precision and care. Reach out to our team for more information and to discuss how we can assist you with your estate and probate administration and litigation needs. We are here to guide you every step of the way, ensuring that you receive the personalized attention and expert legal representation you deserve.

Ford + Bergner LLP

Trusted Probate And
Estate Planning Solutions

Houston Location

700 Louisiana Street
41st Floor
Houston, TX 77002

Dallas Location

901 Main Street
33rd Floor
Dallas, TX 75202

Austin Location

221 West 6th Street
Suite 900
Austin, TX 78701

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