The Borunda Law Firm, P.C.

The Borunda Law Firm, P.C. represents clients in broad range of estate, probate & trust disputes in Houston, from the everyday to the complicated. Our probate litigation attorneys have successfully contested and defended claims of all sizes in both Texas state and federal courts.

Our clients are usually individuals involved in disagreements with fellow family members or trusted advisers. We provide the personal care and sensitivity to reduce the negative emotional and financial impact on our clients during this difficult time.

Probate Litigation Attorneys

We have many years of experience and expertise in complex probate matters. In addition to estate and trust contests, The Borunda Law Firm, P.C. handles disputed inheritance accountings, recovery of assets, heirship disputes, disputed guardianships and other estate litigation.

Estate & Trust Litigation Lawyers

When representing a client during this difficult time, we at The Borunda Law Firm, P.C. consider the entire well-being of family and their relationships. It is difficult to have a legal dispute with a loved one, so our lawyers are always cognizant of the intimate nature of the lawsuit.

Please call us today for a free consultation at 713-795-8000 or use our Contact Us form. We are prepared to handle a variety of cases related to probate, estate and trust litigation.

Estate, Probate, & Trust cases

The Borunda Law Firm, P.C.

When you make a plan, you expect that plan to be followed. In a medical crisis or estate proceedings, it’s important to have a prearranged representative appointed to serve as a surrogate decision-maker for a debilitated or deceased individual, called the principal. If the principal is still alive, then this representative is the legal guardian required to follow the wishes in the living will when making healthcare decisions on behalf of the principal. If the principal is deceased, then the representative should adhere to the stipulations in the will. This decision-making authority is usually obtained through legal documents like a last will and testament or a power of attorney (POA).

Breach of Fiduciary Duty Claims

If you, a family member, or a trusted legal entity is designated as the representative in a POA, you are considered the agent of the principal. The agent is usually responsible for the health, finances, and overall estate of that individual. The agent, though, needs to follow the terms outlined in the will and power of attorney. When an agent disobeys the wishes with which he or she has been entrusted, the agent is in breach of fulfilling their duty to the incapacitated or deceased person.

Your Rights in Fiduciary Duty Litigation

Fiduciary duty is a legal duty to act in another person’s interests. When that other person is incapacitated or deceased, then the fiduciary duty to act in that person’s best interests is critical. An agent who is not following the terms of the agreement is in breach of fiduciary duty to someone in their most vulnerable state. The breach of fiduciary duty can be due to corrupt abuse or simple carelessness.

If you suspect an agent is violating the legal trust they have been granted, you can file a complaint only if you are a beneficiary or potential beneficiary. You can obtain injunctive relief to prevent a healthcare decision or you can obtain temporary guardianship to act on a particular medical treatment. In estate litigation proceedings of a deceased principal, it will be necessary to demonstrate a failure to exercise reasonable care, control, and protection of the principal’s assets.

Free Fiduciary Duty Case Review

Call today to arrange your initial consultation with an experienced fiduciary duty lawyer, please call 713-795-8000 or use our Contact Us form.

The Borunda Law Firm, P.C.

When the inevitable occurs to our loved ones, the emotional stress can be difficult to bear. In addition to the shock, there is the unseemly task of organizing the financial affairs of a deceased parent, spouse, or friend. Normally, the decedent should have finalized their last will and testament before passing. Sometimes this does not happen in a clear and concise manner with proper documentation and/or authentication.

Estate Litigation Claims

When an individual passes away, the property and assets they leave behind, which are known as their “estate,” must be distributed to any surviving heirs and family members. This can range from the disputed accounting to recovery of assets to guardianship litigation. If there is any confusion regarding the terms of the trust, a dispute may arise and litigation may become necessary. These various contests can often give way to estate litigation cases.

Your Rights in Estate Litigation

You can litigate in the event that a dispute arises regarding the estate administrator’s authority when executing the proceedings on the estate. If the loss of a loved one has resulted in a contentious dispute over assets or legal authority, you have the legal right to challenge the terms of the will if you believe you have a legal claim.

You might be an heir, a potential heir, or the executor of the decedent’s will, but you have the ability to contest the legitimacy of the will. We can represent both heirs and beneficiaries as well as the executors in estate litigation cases. Since estate litigation is not always an amicable process, we help families clarify the terms of a loved one’s will, trust, or power of attorney. Through the use of a settlement, mediation or litigation, we try to resolve any dispute as quickly and harmoniously as possible.

Free Estate Litigation Case Review

Call today to arrange your initial consultation with an experienced estate litigation lawyer, please call 713-795-8000 or use our Contact Us form.

The Borunda Law Firm, P.C.

The death of a family member or friend can be very upsetting. Adding to the emotional turmoil can be going through the estate proceedings. This is where your loved one’s assets are assessed, tallied and distributed to the beneficiaries. There is often a last will and testament that outlines the various individuals or organizations that will receive a portion of the deceased’s estate. When the calculation of the entire estate’s assets is questionable, problems can arise.

Estate Accounting Claims

During the legal proceedings that divide and distribute an estate’s assets, there is an executor or an appointed trustee in charge of the estate’s liquidation, investment or administration. This representative is usually someone trusted to not abuse their power. If you are named beneficiary in the deceased’s last will and testament, you are entitled to examine any documents relating to the estate. The trustee is required to fully and accurately disclose all material facts so any beneficiary can protect their interests.

Your Rights in Estate Accounting Litigation

If you believe the trustee’s calculation of the estate’s assets, pre-existing trusts and outstanding liabilities are in question, you have the right as a beneficiary to file a complaint to dispute their validity. If you dispute the accounting of the estate, you are required to demonstrate that the assets of the estate have been misappropriated or accounted poorly.

The trustee is bound by a reasonable time constraint to supply the beneficiaries with a full and accurate accounting of the estate. If a beneficiary suspects there’s something missing within the legal reporting, then they are entitled to request a third-party audit to ensure all assets are probably tallied. Further restrictions can be placed by the court to limit a trustee’s access to accounts, properties or trusts so no actions are made without resolution to filed complaints.

Free Disputed Estate Accounting Case Review

Call today to arrange your initial consultation with an experienced estate accounting litigation lawyer, please call 713-795-8000 or use our Contact Us form.

The Borunda Law Firm, P.C.

It is inevitable that a loved one might succumb to an illness, accident or general decline. It’s important to have a plan in place so there are no legal hurdles to make decisions. For those less prepared, an interested party may try to secretly obtain legal authority over the incapacitated person’s health or estate. If your loved one is unable to make their own decisions because they are mentally deficient, then they will need a representative to manage their healthcare treatment and administer estate decisions. A last will and testament is designed for situations like these. If that will was signed by the sick person without understanding what he or she was signing, then its validity can be contested.

Lack of Mental Capacity Claims

Lack of mental capacity is used in a lawsuit when the principal signing his or her will did not understand what they were agreeing to. This principal might be mentally incapacitated due to illness or accident and not be capable of signing an official legal document.

So much is at stake when assigning someone to have total control over health, home, and life savings when your loved one. It’s important that the person passing that authority knew what they were doing. This ensures that the representative agent has the principal’s full trust to avoid abusing his or her power. You would use a lack of mental capacity argument when the power of attorney or the will was signed under questionable conditions. To protect your defenseless loved ones, it is best to have the courts intercede to determine what’s best.

Your Rights in Mental Capacity Litigation

If you believe the will or power of attorney was inappropriately signed, you have the legal right to contest its legitimacy. You can file a complaint if you are willing to take on the responsibility of your disabled loved one’s. If the principal is mentally incapacitated, you’ll need to prove that he or she could understand the nature of the document and could recall the nature of his or her property.

Also, he or she needed to know who was going to have decision-making power and how their power was going to be given. If you are an agent by a power of attorney, you will need to defend the legitimacy of your authority. Preference rules exist for making such a determination, so success in mediation or litigation depend on ability to determine what is the best care for your loved one.

Free Deficient Mental Capacity Case Review

Call today to arrange your initial consultation with an experienced mental capacity lawyer, please call 713-795-8000 or use our Contact Us form.

The Borunda Law Firm, P.C.

A simple will can provide a practical way to transfer your assets. Through the probate process, your estate can be transferred efficiently and inexpensively. Virtually all of us will face the loss of a loved one sometime during our lives. Whether this loved one is one of your parents, a sibling, a relative, or a friend, a disagreement may arise. These disagreements can lead to a contest of the trust or will concerning the validation of the will in order to administer their estate or trust.

Trust and Will Contests Litigation

A trust or will contest is a legal action challenging the validity of a purported trust or will. When considering medical care, it’s important you protect yourself with both a living will and a durable power of attorney. There are a variety of reasons that a will might be contested: some level of fraud or impropriety on part of an executor or beneficiary in obtaining or executing the will.

If there is some suspicion of the will being invalid, the option to contest the will trust is available. It is also important to understand whether an estate’s assets are jointly or solely held. Also, if the asset is held in a living trust, that might affect the legitimacy of your complaint.

Your Rights in Trust and Will Contests

You can only challenge a will if you are considered an intestate heir or beneficiary of that will. In the event that a dispute arises regarding the estate administrator’s authority when administrating the estate, you must present proof that the will in question is invalid. As an heir, you can be an individual or an organization, like a favored charity.

You will be able to file a complaint with the probate or superior court, obtain an injunction against asset transfer, and dispute the probate proceedings in order to seek your fair share. If you are an executor of a decedent’s will, you might need protection in defending the probate dispute. We can represent either beneficiaries or executors in the legal dispute.

Settlement, mediation or litigation are tools we can use to help families find clarity in the will and resolve any disputes over the decedent’s will, trust, or power of attorney.

Free Trust and Will Contests Case Review

Call today to arrange your initial consultation with an experienced trust and will contests lawyer, please call 713-795-8000 or use our Contact Us form.

The Borunda Law Firm, P.C.

When confronted with the death of a loved one, it can be a very stressful time. Adding to the emotional turmoil can be the struggle of organizing the decedent’s financial affairs according to their notarized will. Additionally, the deceased will need to appoint a person or organization to coordinate the proceedings contained within the will. This simplifies the entire probate process since this appointed person had the decedent’s trust to carry out his or her final wishes. When there is a question of the validity of the powers of attorney document required for this appointment, problems can arise.

Powers of Attorney Claims

A power of attorney (POA) is a legal document that designates a person or organization, called an agent, to act on your behalf. This agent is usually someone you trust to not abuse their power, when you are at your most vulnerable.

You will need to obtain a general POA with a durability clause in it. A general power of attorney will authorize your agent to unlimited discretion in managing your estate while the durability clause will ensure that general POA stays in effect. Living wills and health care powers of attorney will also allow an individual to grant decision-making authority to their agent of choice during a time of diminished mental capacity.

Your Rights in Powers of Attorney Litigation

If you suspect the power of attorney was signed by the deceased while mental incompetent or incapacitated, you have the legal right to challenge the terms of the will. You can file a complaint if you are a beneficiary or potential one. If you are a POA agent, you will need to defend the validity of the power of attorney. If the decedent signed their power of attorney without a clear understanding of what he or she was agreeing, there is a basis to dispute the validity of the POA.

Free Powers of Attorney Litigation Case Review

Call today to arrange your initial consultation with an experienced power of attorney litigation lawyer, please call 713-795-8000 or use our Contact Us form.