Estate Dispute Lawyers in Austin, Texas
Estate disputes arise when family members or beneficiaries disagree about the distribution of a deceased person's assets. Common triggers include contested wills, claims of undue influence or lack of capacity, disputes among co-trustees, and disagreements over asset valuation. An estate litigation attorney can protect your rights and work toward a fair resolution.
Estate Dispute Law in Texas
Texas has its own distinct legal landscape that affects personal injury cases. The state follows a modified comparative fault rule — you can recover damages as long as you are not more than 50% responsible for the incident. Texas also has specific caps on certain types of damages in medical malpractice cases, and a two-year statute of limitations for most personal injury claims.
Key Texas Statutes
- Two-year statute of limitations for personal injury (Texas Civil Practice and Remedies Code, Chapter 16)
- Modified comparative fault — recovery barred if you are 51% or more at fault (Chapter 33)
- Medical malpractice non-economic damage caps of $250,000 per provider, $500,000 for hospitals (Chapter 74)
- Texas is a "fault" state for car accidents — you can file against the at-fault driver
- Employers may opt out of workers' compensation — Texas is the only state that allows this
Common Estate Dispute Situations in Austin
- Will contests (challenging the validity of a will)
- Undue influence or lack of capacity claims
- Disputes among beneficiaries over asset distribution
- Trustee breach of fiduciary duty
- Claims by omitted or disinherited heirs
- Executor or administrator removal proceedings
Frequently Asked Questions
On what grounds can a will be contested?
Common grounds include: the testator lacked mental capacity, the will was executed under undue influence or duress, the will wasn't properly executed (missing witnesses or signature), fraud or forgery, or the existence of a later valid will.
How long do I have to contest a will?
You generally have two years from the date the will is admitted to probate to file a will contest. Acting quickly is important — evidence becomes harder to obtain and memories fade over time. Consult an attorney as soon as you have concerns.
This page is for informational purposes only and does not constitute legal advice. No two situations are the same — consult a qualified attorney for guidance on yours.
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