Fee Structure, FAQ’s and Helpful Links
Estate Litigation Fee Structure, FAQ’s and Helpful Links
Our Plano and Frisco Estate Planning Lawyers Provide the Answers
Albin Roach is a dedicated estate planning and litigation law firm. We recognize that, whether you are organizing your estate plan or resolving a dispute, you want to understand the process and your individual options. That is why our Plano and Frisco estate planning lawyers take the time to educate you about the law and how it affects you. Review our frequently asked questions below and then contact our law firm for a thorough case evaluation.
- My adult child has a disability and needs my protection. Can I be named as a guardian? To be named a guardian, you must prove that your child is incapacitated, meaning your child is unable to care for his or her physical health or maintain basic needs, such as food, clothing and shelter. The court sets a high standard for showing incapacity, which requires expert evaluation by doctors and clear and convincing evidence that there is a need for a guardian. However, it is common for a parent or parents to be named as guardian of the person for a child that meets the required level of incapacity. The court may also appoint a guardian of the estate for such person, but often it is unnecessary since the primary income for such persons is in the form of governmental benefits such as social security disability income which does not require the appointment of a guardian of the estate.
- How does the court decide who to appoint as guardian of my grandchild who recently lost both parents? When appointing a guardian for a minor, the court gives priority as follows: parents, person designated in the will or a separate documents designating a guardian of the last surviving parent, grandparents, great grandparents, next of kin, non-relative. However, the court has discretion to choose a person of lower priority if a person of higher priority is unsuitable for the role or unable or unwilling to serve.
- Can I have the trustee removed from my trust for making risky investments? The trustee of your trust has a fiduciary duty to act in your best interests. If the trustee’s investment decisions jeopardize your account funds, you may have a valid claim for removal them from acting as your trustee.
- Do I have a cause of action against the trustee who made a costly error? A mistake may be considered a good faith breach of your trustee’s fiduciary duty and you may be able to hold the trustee accountable. You must prove improper motive to show a bad faith breach, which carries additional penalties.
- My parent left me out of the will. Is this allowed? Parents are under no obligation to leave their children an inheritance. However, the court may find you have the right to an inheritance if you prove you were unintentionally disinherited or if the Will is invalid for a number of other reasons. To make this determination, the court reviews the language of the will and other evidence.
- My spouse left me out of the will. Do I have a cause of action? Your spouse does not have the right to dispose of your interest in the marital/community property. However, subject to some limitations, your spouse can leave his or her share of the marital/community property as well as her separate property to whomever they choose. Such limitations may include a right for the surviving spouse to continue to reside in the homestead property, an allowance in lieu of homestead, as well as other rights.
- Can I challenge a will that was different than I expected? You must have grounds to challenge a will. Common reasons include lack of mental capacity, undue influence, fraud, lack of proper execution and the existence of a more recent will or codicil.
- Do I have the right to challenge my friend’s will? You must have standing as an interested party for the court to allow you to bring a cause of action. Heirs, devisees, a spouse, creditors and a person with legal authority to act on a minor child’s behalf are considered interested parties, as well as a person who may have been listed as a beneficiary in a prior will