Probate Attorneys in Houston
Probate is the initiation of a legal process to settle a decedent’s estate. The process includes the appointment of a personal representative of the decedent’s estate and distributing the decedent’s property to the heirs or beneficiaries of the decedent’s estate. For questions about probate, contact The Camberg Law Firm.
A Guardianship is achieved when one person obtains legal custody of, or decision-making authority over another person. There are many types of guardian actions that include:
- Minor child guardianship
- Adult child guardianship
- Adult or elderly person guardianship
- Emergency guardianship by proxy
- Rogers guardianship
Our firm is sensitive to your needs and is experienced in matters of probate and guardianship. We will work with you to preserve and enforce your rights.
A will is not considered to be automatically valid when it is signed. The law requires the decedent, upon signing, must be of clear state of mind, must understand his or her own actions and must be free of undue influence and/or duress.
To challenge a will, a person who has standing, such as a surviving spouse, child, grandparent or other relative, must challenge one or more of the following conditions:
- Lack of mental capacity
- Statutory validity of the will
- Executor misconduct, trustee misconduct, or other Breach of Fiduciary Duty
- Undue influence
- Misapplication or theft of estate property
Our firm will help protect your interests and assert your rights in a will contest.
Breach of Fiduciary Duty
A fiduciary duty is an obligation to act in the best interest of another party. A fiduciary must exercise all of the skill, care and diligence at his or her disposal when acting on behalf of the client. When fulfilling this role, he or she is held to a high standard of honesty and must fully disclose his or her actions and intents. When a person agrees to act in a fiduciary relationship for another, the law forbids the fiduciary from acting in any manner contrary or adverse to the interest(s) of the client. He or she is also prevented acting for his or her own benefit in relation to the subject matter. Fiduciary relationships can include:
- An attorney’s fiduciary duty to his client
- A corporation’s board member’s fiduciary duty to the shareholders
- A trustee’s fiduciary duty to the trust’s beneficiaries
Attorneys, doctors and other healthcare professionals, brokers and accountants, trustees and trust administrators can all be held accountable for breach of fiduciary duty for actions that include:
- Conflict(s) of interest
- Probate fraud
- Inappropriate investment or self-dealing
- Executing probate court orders
- Acting against probate codes or rules
Estate transference failures