Muniment Of Title Probates
One of the quickest and most affordable ways in the State of Texas to have a will legally probated is to probate it as a muniment of title. Doing this allows estate property to be transferred directly to beneficiaries or heirs named in the decedent’s will without having to go through complex, costly, and time-consuming procedure of an estate administration. The Muniment of Title option only applies in limited circumstances and our firm can evaluate your specific circumstances to see if this option is available.
The Chenault Law Firm is proud to offer muniment of title services to clients in Denton County and all of North Texas.
Do you have questions about a mumiment of title in Texas or wish to discuss your situation with our team? Just fill out the form below or give us a call at 972.591.0099 and we can talk about your options in a free, no-obligation first consultation.
Simple Probate Administrations
Many people fear probate administration because of how long, drawn out, and complicated the process can be. However, the State of Texas allows for a form of estate administration that can actually be fairly simple to complete. Executors and administrators may be able to serve with limited supervision by the court.
Because they do not have to get the court’s approval, this allows a far more expedited and efficient administration process than is often available in other states. What’s more, they allow the estate to avoid the significant court fees associated with paying an executor that is not independent. There are a few stipulations that must be met for an independent administration in the state of Texas:
1. The will itself specifically states that the executor of the will should work independently.
2. If there is no will or no provision for an independent executor in the will, an independent executor can still be used as long as all benefactors and heirs agree to this.
In Texas, when it comes to contesting a will or defending, most attorneys charge hourly fees and expenses incurred. This is the normal way we bill for these matters at the Chenault Law firm. However, in some circumstances, we will work on contingency fees to contest a will. This means that we will advance the fees for our services until the case is over.
If you win your case, the owed fees and expenses will be deducted from your recovery. This does mean that we take on a certain amount of risk with the case ourselves. For this reason, we like to carefully consider a will contest case before offering contingency fees. The Chenault Law Firm adheres to the strict ethical and legal requirements that apply to contingency fee agreements.
If you live in Denton or anywhere else in North Texas and have more questions about contingency fees or would like to see if your case qualifies, we’d be glad to offer a free, no-obligation consult. Just fill out the form on this page or call us at 972.591.0099 to get started.
Determinations Of Heirship
In the event that a loved one passes away without having a will in place, there may be issues that arise concerning the rightful heirs and who is legally entitled to the descendants’ property. Texas law specifies how proceedings to determine heirship should proceed.
The Chenault Law Firm proudly serves Denton County and the surrounding North Texas area with representation, counsel, and assistance in accordance with Texas law on determinations of heirship. We understand how difficult such a time can be and how the added stress of needing to determine heirship only complicates the matter. We will do everything we can to help the application and determination proceedings so you can trust things will be handled in the best possible manner while providing you the emotional space you need to grieve.
The Chenault Law Firm handles a wide array of disputes involving probate, estates, and trust, and guardianship.
Breach Of Fiduciary Disputes & Litigation
Executors, Administrators and Trustees have a fiduciary duty to their heirs and beneficiaries. Texas compels those in such roles to honor their duty towards beneficiaries and to avoid any actions that would be considered misconduct or failure to act appropriately.
In the event a Trustee, Administrator or Executor breaches their fiduciary duties to one or more beneficiaries, they can be held liable for any resulting damages. Common types of misconduct that could be legally considered in Texas to be a breach of fiduciary duty include, but are not limited to:
- Any willfully illegal or fraudulent acts
- Any kind of self-dealing
- The unauthorized removal of any kind of property from the estate
- Any kind of imprudent or negligent management of the estate
- Failure to carry out the explicit orders of a trust or will
Litigation over a fiduciary breach can involve entities or individuals responsible for the violation of duties. These are often difficult cases. Our experienced Fiduciary Litigation team has years of experience representing clients in and mediating fiduciary disputes. We can help you safely navigate one of the more complex legal issues that you can encounter during a time when you are already dealing with loss.
Want to talk about your situation? Not sure what the right next step is? Has your trustee or executor failed to meet clear obligations despite all your efforts? If you live in Denton County or the surrounding North Texas area, the Chenault Law Firm is here to help.
Texas Probate Law covers far more than simply wills and their execution. In fact, it covers a wide array of other important legal documents as well as those appointed to represent them in their various capacities. For this reason, the Chenault Law Firm is also pleased to offer legal services to help represent your interests in a dispute involving a trust or trustee.
A trust is created by a settlor to provide for designated beneficiaries during their lifetime or upon their death. A trust document can be interpreted by courts where it is unclear.
Disputes with a trust can cover more than an interpretation of the language of the trust document. Often times, they focus on the behavior of the trustee, whose job it is to oversee the trust for the beneficiaries. There are a variety of issues the Chenault Law Firm can aid with in a trust dispute, including:
- Any claims of forgery, fraud, or mistake
- Any challenges made to the mental capacity of a trust’s Settlor
- Any actions to terminate a trust
- Any actions to reform or modify a trust
- Claims of a breach of fiduciary duty
- Legal actions to compel a Trustee to provide accountings or distributions
- Legal actions to remove and then replace a Trustee
If you live in North Texas and have more questions about these or any other legal issues with a Trust you may need legal advice or representation for, please fill out the form or call us at 972.591.0099 today.