Author: lewislaw1

When grief collides with missing money, unexplained delays, or outright misconduct, the question families ask most often is simple: Can you sue an executor of an estate in Texas? The answer is yes. Texas law gives beneficiaries the right to take an executor to court when they breach a fiduciary duty. The real questions are when you can sue, how you bring the case, what courts can do in response, the risks involved, and why skilled legal guidance is essential.

At Henington Lewis Law Firm PLLC, attorney Samantha Lewis brings nearly a decade of litigation experience with financial analysis skills to help Central Texas families pursue accountability. We explain the process clearly, investigate misconduct, and help you take action when executors overstep.

What Legal Responsibilities Do Executors Have in Texas?

Executors are fiduciaries. Under Texas law, they must:

• Collect, inventory, and manage estate property,
• Pay valid debts and taxes before distributions,
• Provide beneficiaries with accurate accountings, and
• Distribute assets according to the will or intestacy laws.

These executor legal responsibilities in Texas require good faith, impartiality, and efficiency. Any deviation by the executor, whether intentional misconduct or careless neglect, can open the door to litigation.

Can You Sue for Breach of Fiduciary Duty?

Yes. In Texas, heirs and beneficiaries can bring a lawsuit if an executor fails to fulfill their fiduciary duties as outlined in the Texas Estates Code. Common grounds for suing include self-dealing, hiding assets, wasting property, or refusing to provide information.

Courts recognize that these actions betray the trust placed in the executor and can cause real financial harm. If proven, the judge may order the removal of the executor, repayment of losses, or even surcharge them personally for damages and attorney’s fees.

When Can You Sue an Executor of an Estate in Texas?

Executors act as fiduciaries, meaning they must act in the best interest of the estate and its beneficiaries. You may sue when they breach that duty. Examples include:

• Misappropriation of funds. Writing checks from estate accounts for personal expenses. For example, an executor who pays a $5,000 personal credit card bill using estate money risks immediate legal action.
• Failure to distribute assets. Executors must move the probate process forward promptly. If beneficiaries wait three years for property because the executor refuses to release assets without cause, courts view that delay as unjustified and potentially actionable.
• Self-dealing. An executor may not enrich themselves at the estate’s expense. Selling a family ranch worth $400,000 to a cousin for $100,000 is a classic case of self-dealing and opens the door to lawsuits.
• Neglect. You can sue executors who fail to safeguard estate property. A home that slips into foreclosure because the executor ignored tax bills and mortgage payments is a vivid example of neglect that violates fiduciary duty.
• Secrecy. When an executor refuses to provide accountings or ignores repeated requests for financial records, heirs have grounds to challenge that secrecy in court.

Each of these actions falls under the umbrella of breach of fiduciary duty and is the type of conduct that makes litigation possible.

How Do I Sue an Executor for Breach of Fiduciary Duty?

Holding an executor accountable in Texas begins in probate court. Steps include:

• Filing a petition. The beneficiary (plaintiff) submits a written petition alleging misconduct and requesting remedies, such as removal, surcharge, or damages.
• Presenting evidence. Submitting bank records, appraisals, tax documents, witness statements, and correspondence may demonstrate negligence, misappropriation, or self-dealing.
• Hearing or trial. The court reviews testimony, documents, and expert opinions to determine whether the executor failed their statutory duties.
• Judgment. If the court finds a breach, it may order repayment of misused funds, removal of the executor, or other remedies to protect the estate.

Understanding how to sue an executor in Texas is crucial because the probate court has unique rules, filing deadlines, and evidentiary standards under state law. Beneficiaries must act promptly, as delay can result in waived claims. Missing even one procedural step can weaken an otherwise strong case, making skilled representation essential.

Holding an Executor Accountable in Texas: What Can Courts Do?

When beneficiaries prove misconduct, Texas courts have broad authority to impose remedies. Options include:

• Removal. Courts can remove an executor who mismanages the estate.
• Restitution. Courts can require the executor to repay stolen or wasted assets.
• Damages. Executors may be personally liable for losses, not just removed from office.
• Attorney’s fees. Courts may shift litigation costs to the executor who breached their duty.

This power gives the law teeth. Suing isn’t just symbolic. It can restore property, protect heirs, and ensure fair management of the estate.

How Can Henington Lewis Law Firm PLLC Help?

Probate litigation is not the same as ordinary civil litigation. Executors often know the estate better than beneficiaries and may already control key documents. Texas law outlines the duties, but proving a breach requires a thorough understanding of procedural and evidentiary rules.

At Henington Lewis Law Firm PLLC, clients benefit from our:

• Courtroom experience—training at Baylor Law School, combined with years in state and federal litigation;
• Financial perspective—a background in economics, accounting, and investment review that helps trace assets and uncover misuse;
• Compassionate counsel—we listen first, then build strategies aligned with family goals; and
• Focused results—action plans designed to protect estates efficiently and minimize stress.

We provide the confidence and strength families need when holding an executor accountable in Texas. What sets us apart is not just knowing the law, but knowing how to explain it, guide you through each decision, and stand with you until the matter is resolved.

Contact Us Today

At Henington Lewis Law Firm PLLC, we help families weigh risks, build strong claims, and pursue remedies that protect what matters most. Our litigation experience and financial acumen give central Texas families the tools to hold executors accountable and secure their loved ones’ legacies. Contact us today for a consultation.

Our Austin, TX Office Location

You expect a trust to provide security and clarity. Yet sometimes, the person in charge of managing it stalls. When a trustee refuses to distribute assets in Texas, beneficiaries are left in limbo, waiting, worrying, and wondering about their rights.

The solutions lie in Texas trust law, which sets duties and deadlines for trustees. If a trustee fails to fulfill those obligations, the law provides remedies.

At Henington Lewis Law Firm PLLC, attorney Samantha Lewis draws on nearly a decade of experience in litigation and estate planning to help Texans confront these challenges head-on. She listens first, then builds a strategy that restores order and helps families receive what they are due. With her team’s combined legal and financial insight, you gain answers and a path forward.

Can a Trustee Withhold Assets?

If your trustee won’t distribute assets, you need to determine if there is a legitimate reason why. Trustees may delay under limited circumstances, including when:

• Debts or taxes remain unpaid,
• Litigation involving the trust is pending, or
• Distribution would harm the trust’s purpose.

Beyond those narrow situations, withholding assets crosses the line into breach of fiduciary duty.

What Are the Reasons a Trustee Refuses to Distribute Assets in Texas?

It helps to understand why a trustee may withhold distributions. Common scenarios include:

• Administrative delays. Sometimes the trustee must gather and appraise assets, settle debts, or resolve tax obligations before making distributions.
• Ambiguity in the trust. If language is unclear, the trustee may hold back until a court provides guidance.
• Conflicts of interest. A trustee who is also a beneficiary may delay distributions for personal advantage.
• Mismanagement or misconduct. In the worst cases, refusal to distribute stems from negligence, self-dealing, or outright breach of fiduciary duty.

Each reason carries different consequences. Administrative delays may be lawful if reasonable, but self-dealing or arbitrary refusals are not. Beneficiaries need to distinguish between legitimate caution and abuse of authority.

How Long Does a Trustee Have to Distribute Assets?

While Texas statutes do not set a rigid number of days, the expectation is “a reasonable time.” Courts interpret reasonableness based on the trust’s complexity, the type of assets, and any outstanding debts. Some general rules of thumb to follow are:

• Straightforward trusts with cash or marketable securities should see distributions occur within months, not years;
• Trusts with real estate, businesses, or litigation claims may justify the need for more time, but the trustee must keep beneficiaries informed; and
• Silence, stonewalling, or indefinite delay do not qualify as reasonable.

This flexible standard means context matters. Still, trustees cannot hide behind vague excuses forever. Beneficiaries can request an accounting to determine the cause of the delay.

What Kind of Relief Can I Secure?

Texas courts take fiduciary responsibility seriously, and beneficiaries have multiple avenues for relief, such as:

• Compelling distribution. A probate judge can issue a direct order requiring the trustee to release assets according to the trust’s terms.
• Removal. If misconduct is evident, whether through conflicts of interest, self-dealing, or outright refusal to follow the law, the court can remove the trustee and appoint a replacement.
• Damages. Trustees who delay without justification may be held personally liable if their refusal causes financial loss, such as missed investment opportunities or unnecessary tax penalties.

Together, these remedies serve as a powerful reminder that a trust exists to benefit its beneficiaries, not to give the trustee unchecked control.

What Practical Steps Should Beneficiaries Take?

When a trustee delays, beneficiaries often feel powerless. Yet Texas law gives them tools. Beneficiaries who follow this plan move from uncertainty to action, replacing guesswork with enforceable rights.

If you face a trustee who refuses to act, consider the following approach:

• Identify whether the delay is reasonable and compare it against statutory duties and the trust’s terms;
• Seek accountability by requesting records, explanations, and accountings;
• Request information in writing through a written report with an explanation of delays;
• Document communications by keeping a clear record of emails, letters, and texts;
• Consult a Texas trust lawyer who can evaluate whether delays are lawful or abusive;
• Consider mediation to clarify legal standards and resolve disputes outside of court; and
• Pursue court action if petitioning the probate court may be the only way forward.

Taking these steps shifts the balance of power. Beneficiaries do not have to remain in the dark, guessing whether their rights will ever be honored.

Why Should I Work with Henington Lewis Law Firm PLLC?

At Henington Lewis Law Firm PLLC, Samantha Lewis combines litigation experience in Texas and federal courts with a background in economics to approach each trust case with precision and strategy. With nearly years of experience, training under top estate law professors, and a record of helping families resolve high-stakes disputes, she understands how to turn uncertainty into clarity. Samantha has seen firsthand how delays and poorly drafted trusts create chaos for families.

Attorney Turner Henington, brings additional strength with his financial and accounting background, helping to analyze trust distributions and spot irregularities. Together, Samantha and Turner comprise a team equipped to handle the emotional and technical sides of these disputes.

Backed by deep financial insight and courtroom experience, the firm delivers personalized strategies that protect legacies and restore balance. Our practice provides clear explanations, compassionate listening, and concrete plans that resolve uncertainty.

Protecting Families in Texas

When a trustee refuses to distribute assets, it threatens your financial security and peace of mind. The law is on the side of beneficiaries, but navigating it requires skill. At Henington Lewis Law Firm PLLC, our focus is on protecting families throughout central Texas with practical and compassionate estate planning, probate, and trust litigation strategies.

You don’t need every answer before you take the first step. You need a guide who can cut through the confusion and enforce your rights. At Henington Lewis Law Firm PLLC, that’s exactly what you’ll find. Contact us today for a consultation.

Our Austin, TX Office Location

Trust is powerful—until it’s broken. When someone in a position of trust mismanages assets, conceals information, or prioritizes their own interests, the law provides a remedy: a breach of fiduciary duty lawsuit in Texas.

Suing for breach of fiduciary duty can feel overwhelming, but the process becomes clear once you understand the responsibilities, the evidence required, and the steps the courts expect. At Henington Lewis Law Firm PLLC, attorney Samantha Lewis leverages nearly a decade of litigation experience and a background in economics to guide Texans through complex disputes, transforming uncertainty into a clear plan of action. Let us help you work toward a just resolution.

What Are Fiduciary Duties Under Texas Law?

A fiduciary is someone entrusted with acting in another person’s best interest. Under Texas law, fiduciary duties encompass obligations that arise in various roles, including those of trustees, executors, corporate officers, financial advisors, and partners. These duties include:

• Duty of loyalty. The fiduciary must avoid conflicts of interest and act solely for the beneficiary’s benefit.
• Duty of care. They must manage assets prudently, using reasonable diligence and skill.
• Duty of full disclosure. They must keep beneficiaries informed of material facts and decisions.
• Duty of good faith. All actions must be honest and aligned with the trust or legal relationship.

Beneficiaries have grounds to take legal action when these duties are ignored or violated.

How Do I Prove Breach of Fiduciary Duty?

While not difficult in theory, courts in cases such as First United Pentecostal Church of Beaumont v. Parker and Punts v. Wilson have found that suing for breach of fiduciary duty means proving three elements:

• A fiduciary relationship existed. The relationship can be formal, such as a trustee-beneficiary relationship, or informal, as when one party places special trust in another.
• The fiduciary breached their duty. Examples include diverting funds, failing to disclose material facts, or favoring their own interests over the beneficiaries’ interests.
• The breach caused harm. The plaintiff must demonstrate actual damages directly related to the misconduct.

Courts in Texas take these claims seriously. They recognize that the betrayal of trust harms finances and fractures families and business relationships. That is why suing for breach of fiduciary duty can restore both accountability and fairness. At Henington Lewis Law Firm PLLC, we evaluate the strength of your case, gather the evidence needed, and guide you through every step of the process.

How to Sue for Breach of Fiduciary Duty in Texas

Trustees, executors, business partners, and others in positions of confidence all have fiduciary obligations under state law. Understanding how to sue for breach of fiduciary duty in Texas begins with understanding the nature of these relationships and the duties that are owed. The path forward includes the following steps:

• Gather documentation. Collect trust papers, wills, contracts, bank records, or correspondence that show how the fiduciary handled (or mishandled) their responsibilities.
• Contact legal help. Working with a fiduciary litigation lawyer ensures each step is handled correctly. Lawyers provide the strategy, financial insight, and courtroom experience to effectively protect your rights and pursue justice.
• File in the proper court. Probate courts often handle trust or estate disputes, while civil district courts may hear business or partnership cases. Choosing the appropriate forum ensures your case moves forward without delay.
• Draft and file the petition. The formal lawsuit begins with a petition that lays out the fiduciary relationship, the breach, the harm caused, and the remedies sought. This document sets the stage for the entire case and must be prepared carefully to meet Texas pleading standards..
• Request an accounting. Texas law allows beneficiaries to demand a formal accounting, forcing the fiduciary to disclose how they are managing money and assets. This record often forms the backbone of the case.
• Pursue remedies. Plaintiffs can ask the court for removal of the fiduciary, repayment of misused funds, or broader damages that include lost profits or punitive awards if the misconduct was willful.
• Litigate or resolve. Some cases settle after clear evidence is presented, while others proceed to trial, where a judge or jury decides liability and compensation.

Courts in Texas expect precision, but they also provide powerful remedies when a fiduciary violates the trust placed in them. Samantha Lewis brings nearly a decade of litigation experience and a background in economics to help clients with the strategy and support needed to succeed in breach of fiduciary duty lawsuits.

What Damages Can I Receive?

Breach of fiduciary duty damages can take various forms, depending on the nature of the misconduct and the resulting losses. They include:

• Compensatory damages—reimburse actual financial losses;
• Disgorgement—force the fiduciary to return ill-gotten gains;
• Punitive damages—in cases of fraud, malice, or gross negligence, penalties to deter future misconduct; and
• Equitable remedies—constructive trusts, removal of the fiduciary, or order specific performance.

Fiduciaries who misuse their authority risk more than financial liability; they risk reputational and legal ruin.

Thinking About Bringing a Breach of Fiduciary Duty Lawsuit in Texas? Contact Henington Lewis Law Firm PLLC Today

Breach of duty claims often arise during times of grief and stress. You deserve a legal team that understands the law and the human sides of the conflict. At Henington Lewis Law Firm PLLC, you will find more than representation. You will find a clear plan, practical support, and the peace of mind that your legacy and loved ones are protected.

We focus on guiding families and individuals through probate, trust, and estate disputes with compassion and strategy. Our team brings personal insight into what happens when families lose someone unexpectedly. With extensive litigation experience in Texas and federal courts, and training under top estate law instructors, we approach fiduciary disputes with both empathy and rigor, developing strategies that work both in and out of court.

Contact us today to schedule a consultation. Let’s plot a just path forward together.

Our Austin, TX Office Location

When considering your family’s future, one of the most common questions is: How much does estate planning cost? In Texas, a basic estate plan usually costs a couple of thousand dollars, while more complex plans can exceed $5,000, depending on your goals and how much customization your plan requires. Estate planning may feel like a significant investment, but it allows you to protect your legacy and prevent your loved ones from dealing with unnecessary stress.

At Henington Lewis Law Firm PLLC, we believe estate planning should feel approachable, understandable, and worth every penny. Our firm helps individuals and families in Texas design thoughtful estate and legacy plans tailored to their needs. We founded Henington Lewis Law Firm PLLC to simplify complex legal matters and show that everyone should have an effective and efficient estate plan regardless of wealth. We focus on clear communication, compassionate service, and strategic planning to ensure you feel informed and empowered.

What Estate Planning Usually Involves

What is the cost of estate planning? To get a handle on costs, you need to understand the steps in the estate planning process—creating instructions that determine what happens to your property, responsibilities, and health care decisions if you become medically incapacitated or die.

A comprehensive estate plan generally includes several legal documents and strategies, such as:

• Will—a document that details who should receive your property, identifies who should care for any minor children, and appoints an executor for your estate;
• One or more trusts—legal arrangements establishing terms on property use and control;
• Powers of attorney—authorization you grant to someone to handle legal, financial, or health matters if you become unable to do so;
• Advance directive (living will)—state your wishes for end-of-life medical treatment; and 
• Beneficiary designations—those who will receive proceeds from retirement accounts, transfer on death accounts, payable on death accounts, life insurance, and similar programs.

Your Texas estate planning lawyer also coordinates each aspect of your plan. 

Factors that Impact Estate Planning Cost in Texas

Several factors influence the typical average estate planning cost. The complexity of your situation, the types of strategies involved, and your planning timeline can impact the fee. Generally, the more legal work your plan requires, the higher the price. Yet, with that cost comes protection, organization, and peace of mind.

What the Plan Includes

The documents and tools included in your estate plan play a major role in determining cost. A simple plan may only contain a will and powers of attorney, while a more comprehensive one can include multiple trusts, tax planning instruments, and probate-avoidance strategies.

When your needs go beyond the basics, your estate plan may include additional legal tools to meet your specific goals, such as:

• Special needs trusts—provide for a loved one with a disability without disqualifying them from disability benefits;
• Lady Bird deeds (enhanced life estate deeds)—let you transfer property outside of probate while keeping full control during your lifetime;
• Medicaid Asset Protection Trusts—preserve assets while allowing you to qualify for long-term care benefits;
• Generation-skipping trusts (GSTs)—transfer wealth directly to grandchildren or later generations, bypassing estate tax liability at the middle generation’s level;
• Charitable remainder trusts (CRTs)—donate assets to a charity while retaining income from them during your lifetime, creating tax deductions and philanthropic impact; and
• Spendthrift trusts—limit access to trust assets to protect beneficiaries from poor financial decisions, creditors, or divorce.

Your attorney can help you identify the most appropriate strategy for your circumstances.

Your Situation and Goals

Your family, finances, and personal goals shape the structure and cost of your estate plan. More complex situations usually require additional tools, legal analysis, and administrative steps.

For example, planning for the following may require particular services beyond the basics:

• Out-of-state property,
• Business ownership,
• Blended families, or
• Minor children.

You may also design your estate plan to:

• Minimize taxes like the federal lifetime estate and gift tax,
• Protect assets and preserve wealth, and 
• Avoid the delays and costs of transferring property through the probate court system after someone dies. 

Asset protection, tax minimization, and probate avoidance strategies typically require in-depth legal planning, asset analysis, and coordination with your financial and tax advisors. They may increase the cost initially, but they save your family far more in the long run.

Timing and When You Start

The timing of your estate planning affects both your costs and your options. When you plan ahead, your attorney has the time to explain your options clearly, build a custom plan, and avoid emergency legal work. When you wait, circumstances may limit what your plan can accomplish and may increase costs due to urgency. Planning proactively helps you stay in control, lowers long-term costs, and gives your family the gift of organization and preparation.

How Attorneys Charge for Estate Planning

Attorneys use different pricing structures to charge for estate planning services. Some offer flat-fee packages, others bill by the hour, and some combine both systems.

Flat fees give you a predictable price. You know the total cost upfront, and most firms include everything in that price. In hourly billing, attorneys track time in small increments and bill for each task. Your total costs depend directly on how much time your attorney spends on your case.

At Henington Lewis Law Firm PLLC, we charge flat fees for most estate planning services and explain exactly what is included so you know what to expect.

Start Your Estate Plan for Less Than the Cost of One Missed Court Filing — Call (512) 737-8404

So, how much does estate planning cost? Usually, it’s a proportional amount to the work you need done. However, you do not need to be wealthy to create a solid estate plan. In fact, modest estates without plans often risk court costs or delays, using up a larger share of what you leave behind. 

At Henington Lewis Law Firm PLLC, we meet clients where they are. Whether planning your first estate or revising an outdated one, we will help you build a strong, affordable plan that reflects your needs and the legacy you want to leave behind. We help Texans take control of their futures without feeling overwhelmed, designing plans that address each family’s needs and goals.

Schedule a consultation today and let us help you protect what matters: your family and your future.

Many Texans worry about the expense of creating estate planning documents. One of the most frequent questions we hear is, How much does a will cost in Texas? The amount varies across the state, but the average basic will-based estate plan costs between $1,500 – $3,000. The final cost depends on the complexity of your property, the type of legal help you choose, and whether you need additional documents beyond the will itself.

At Henington Lewis Law Firm PLLC, we believe estate planning should be accessible to everyone. Led by attorney Samantha Lewis, our firm helps Texans create wills and other estate planning documents that fit their lives and budgets. With nearly a decade of legal experience and a commitment to making the process approachable, Samantha focuses on estate and legacy planning as the kindest thing you can do for your family. We work to simplify what other lawyers often overcomplicate, giving you a clear, affordable plan to protect your loved ones.

What Does a Will Do?

A will is a legal document explaining how you want your loved ones to handle your money, property, debts, and personal belongings—your estate—after your death. A will also lets you name guardians for minor children and appoint someone you trust, an executor, to follow your will’s instructions and take your estate through probate court.

Put simply, a will ensures that your wishes guide what happens to your property instead of Texas laws. Without a valid will, state law decides who receives your estate and what proportion.

Factors That Affect the Cost of a Will in Texas

Cost depends on several key factors, especially the complexity of your estate and the specifics of your attorney’s services.

Estate Complexity

Your estate is your combined assets and debts after you die. A complex estate may include:

• A large amount of money;
• Many different types of assets, like business interests and investment accounts;
• Unique property such as ranchland or mineral rights;
• Blended families; and
• Property ownership across multiple states or countries.

A simple will may meet your needs if you own only a few assets, keeping costs lower. But the more you need your will to address, the more time and legal skill drafting it requires. As a result, complex estates typically have higher costs than more straightforward estates.

Attorney Services

Hiring a lawyer costs more than using a generic template or online service. Templates and online services sound promising, but you risk a lot by relying on them, such as:

• Failing to meet Texas requirements to create a valid will, especially signature and witnessing requirements;
• Lacking customization to account for unique family dynamics such as blended families, stepchildren, or estranged relatives;
• Omission of important clauses, like naming an alternate executor or addressing debts;
• Using confusing and ambiguous wording;
• Being unable to integrate with other documents like powers of attorney, medical directives, and trusts;
• Not getting advice about tax implications, asset protection, and how to avoid unnecessary probate; and
• Gaining a false sense of security only for loved ones to discover after death that the template failed to protect them.

When you hire a lawyer, you receive tailored guidance and assurance that your will meets Texas law and will hold up in probate court. An experienced attorney can also anticipate issues you might not consider, like how remarriage or debts could affect your estate. Addressing these matters upfront saves your loved ones from having to figure those things out after you are gone.

Flat Fees Versus Hourly Billing

Another factor that affects cost is how an attorney bills for services. Estate planning attorneys often charge flat fees, specific amounts they tell you in advance, for straightforward wills.

We may use hourly billing in more complex situations, especially if your plan requires customized documents or unusual provisions. Your attorney should explain their billing structure before you hire them.

Location

Where you live in Texas may influence the cost of legal services. Attorneys in large cities often charge more than those in smaller communities because of higher business and living expenses.

Yet, many law firms, including Henington Lewis Law Firm PLLC, offer predictable flat fees regardless of location. That way, clients know the price of their plan before the work begins, reducing the risk of unexpected costs.

How Much Does It Cost to Make a Will in Texas?

The average cost of a will in Texas can vary significantly from person to person. A basic will for someone with few assets typically costs less than one for a family with complex property or tax concerns.

Still asking, How much does a will cost in Texas? It can help to think about costs as a sliding scale. The simpler your needs, the lower the price. The more protections you want to include, the higher the investment.

Supplementing Your Will

A will gives you an important foundation, but most people benefit from additional estate planning documents that protect them during their lifetime and afterward, such as:

• Powers of attorney—names someone you trust to handle legal, financial, or medical matters if you become unable to manage them yourself;
• Advance directive (living will)—states your wishes for end-of-life medical care; and
• Trusts—move property into an arrangement where a trustee manages it for various purposes.

Adding these documents increases the cost of your plan, but it also reduces the risks of disputes, medical uncertainty, and financial confusion for your family.

Affordable Estate Planning in Texas — Call (512) 737-8404 to Schedule Your Consultation

At Henington Lewis Law Firm PLLC, we focus on creating estate and legacy plans that match your needs, whether preparing a simple will or building a comprehensive strategy with trusts and other protections. Because we know every family is unique, we take time to explain your options and give you a transparent cost structure before you begin.

Creating a will is critical to protect your loved ones and ease their burdens when you are gone. Our firm serves clients across Texas with estate planning and probate services. To learn more about how we can help you, contact Henington Lewis Law Firm PLLC today.

Challenging a will in Texas means filing a legal claim that questions whether the will is valid and enforceable. A person may file a challenge if they believe the will does not reflect the deceased’s true wishes, or if its creation was under questionable circumstances, such as pressure from another person, lack of mental clarity, or improper signing. How to contest a will in Texas involves following specific procedures, deadlines, and evidence requirements.

At Henington Lewis Law Firm PLLC, we understand that disputes over a loved one’s estate can be stressful and emotional. Led by attorney Samantha Lewis, who brings nearly a decade of legal experience and personal insight into probate matters, our firm focuses on estate and legacy planning and probate litigation. We help families protect their loved ones, resolve conflicts, and guide them through the probate system.

Wills and the Texas Probate Process

Probate is the court-supervised process of identifying a deceased person’s (“decedent”) property, paying debts, and distributing assets according to their will or state law if the individual did not leave one. After someone dies, their loved ones should bring their will to probate court and begin the administration of their estate.

Before the court allows the decedent’s loved ones to begin estate administration, it must determine whether the offered will is legally valid. Those interested in the estate, meaning people entitled to a portion of the estate’s assets, can raise will contests during this period. The probate court must then decide whether the will is legally valid.

If the court concludes the will is legally valid despite the challenge, the probate process continues. If the court concludes the will is not legally valid, the process may continue under a previous version of the will or state law.

Reasons for Contesting a Will

Several legal grounds exist for challenging a will. To make a successful contest, you must raise a specific legal claim and provide evidence supporting that claim, such as:

• Lack of testamentary capacity. This occurs when the person creating the will does not fully understand what property they own, who their natural heirs are, or the effect of signing a will.
• Undue influence. A will may be invalid if someone pressured, manipulated, or controlled the person into making decisions they would not have otherwise made. Courts often look for signs that the will’s creator depended on the influencer.
• Fraud or forgery. If someone tricked the decedent into signing under false pretenses or forged their signature, it is invalid.
• Failure to follow legal formalities. Texas law requires formalities, such as signatures from two witnesses, to make a valid will. If someone failed to follow these rules, the will is invalid.
• Multiple wills or conflicting documents. If more than one will exists, the court must determine which, if any, is legally valid.

Each of these grounds requires specific evidence in court, and the success rate of contesting a will in Texas depends on the strength of the evidence and the circumstances of the case. The person contesting the will has the burden of proof, meaning they are responsible for offering enough evidence to convince the judge of their claims.

How to Contest a Will in Texas

The process of contesting a will involves several key steps, including:

• Confirm you have the right to contest the will. Only “interested parties” may contest a will, such as heirs, beneficiaries, and anyone who would inherit under Texas law if the will were invalid.
• File a contest with the probate court. Submit a written petition to the court handling the estate, clearly stating the legal grounds for your challenge.
• Gather supporting evidence. Courts require proof that backs up your claims. Evidence may include medical records showing mental decline, testimony from witnesses, or financial records.
• Participate in hearings and mediation. Both sides present arguments at a hearing. The judge may also order mediation, a structured negotiation process with the help of a neutral third party.
• Await the court’s decision. After reviewing evidence and arguments, the court rules the will is valid.

Each of these steps requires careful preparation. Whether a court concludes a will is invalid depends on how convincing the evidence the will contestors offer is.

How Long Do You Have to Contest a Will in Texas?

Timing is one of the most important factors when contesting a will in Texas. In most cases, you must file your challenge within two years of the court admitting the will to probate, meaning the court officially recognizes and accepts it. If you wait longer, the court typically dismisses your claim.

There are limited exceptions to this deadline. For example, if someone forged a will or concealed the existence of a later valid will, the two-year rule does not apply. In those cases, the clock usually starts when someone discovers the fraud or the later will. Acting quickly helps preserve your rights and ensures that evidence remains available.

What Are My Chances of Success in Contesting a Will?

State courts presume that a properly executed will is valid. Because of this presumption, challenges without compelling evidence often fail. Whether you are successful in contesting a will in Texas varies based on the facts of each case. Those with strong legal representation and thorough evidence have a higher chance of success.

Moving Forward with Confidence

Challenging a will is never easy. It involves emotional strain, complex laws, and strict deadlines. At Henington Lewis Law Firm PLLC, we help families in Texas navigate these challenges with compassion and determination. Samantha brings professional training and understanding of probate disputes, making our firm a trusted partner in protecting your loved one’s true intentions.

If you are wondering how to contest a will in Texas, our firm is here to help. Contact Henington Lewis Law Firm PLLC today to schedule a consultation and learn how we can help.

Litigation involves a lot: complex procedures, emotional challenges, days of evidence review, and lengthy discussions. Hiring a strong litigation attorney can ease the intimidation a legal dispute may bring. But, how do I find the best civil litigation attorney near me?

You may not know where to start or who to trust for legal advice, but the good news is that you can take clear, practical steps to find a good civil litigation attorney. If you live in Austin, the following steps can help you connect with the right professional to guide you through your legal challenge. Austin-area individuals who need a good advocate with experience and top-level training can also contact Samantha Lewis at Henington Lewis Law Firm PLLC.

Steps to Find the Best Civil Litigation Attorney Near Me

Finding an attorney is important, but it doesn’t have to be intimidating or complex. Consider the following steps for ideas on how to find a civil litigation attorney in Austin.

1. Ask Someone You Trust

One of the simplest and most reliable ways to start on your attorney search is to ask people you already trust. If a friend, family member, or close colleague has faced a similar legal issue, they may be able to recommend a lawyer with whom they have had a positive experience.

Personal referrals are powerful because they give you first-hand insight into how an attorney communicates, how responsive they are, and how effectively they handle similar cases.

2. Ask Other Professionals

If you don’t know anyone who has hired a civil litigation attorney, you can ask for input from professionals in other fields. Accountants, financial advisors, and even healthcare providers often have networks that include attorneys. These professionals may not handle litigation themselves, but they usually know who in the community has a strong reputation for results.

3. Do an Online Search

Typing “best civil litigation attorney near me” into Google or another search engine is another quick way to start building a list. Online searches can give you a broad view of the attorneys in your area and are often a vital precursor to the remaining steps for finding a good civil litigation attorney.

4. Check the State Bar of Texas Website

The State Bar of Texas makes it easy for you to find licensed attorneys. Their online directory allows you to search for lawyers by location and practice area. You can also use this tool to confirm that an attorney is licensed and in good standing. Using this resource can give you peace of mind that you are considering attorneys who are verified and active members of the Texas Bar.

5. Check the Attorney’s Reviews

Online reviews can be a key part of your search and help you further whittle down your list. Look for reviews on Google, Yelp, and other platforms. Pay attention to patterns in what clients say. Do reviewers consistently mention professionalism, communication, and results?

Positive reviews show that an attorney consistently delivers excellent service. For example, every Google review is five stars at Henington Lewis Law Firm PLLC. Past clients highlight our team’s clear communication, compassion, and dedication.

6. Look at the Attorneys’ Websites Closely

Once you have a short list, visit each attorney’s website. How an attorney presents themselves online often reflects how they approach client relationships. A professional website can tell you a lot about how the firm works. Here are some things to look for:

• Background. Read about the attorney’s education, experience, and practice areas to see if they have enough experience and the right type of training for your needs.
• Blogs and articles. These pieces of writing show how clearly the attorney explains legal topics. Good online communication usually means good communication in person, which is key.
• Practice areas. Check whether the attorney handles civil litigation and has experience with cases like yours.

An attorney who invests in clear communication and educational content is more likely to be a strong guide for you.

7. Book Consultations

The final step is to book consultations with a handful of attorneys you like most. This step can give you the most important information of all—how it feels to work with each attorney.

During the consultation:

• Pay attention to how well you communicate with each other,
• Ask the attorney if they have handled cases like yours,
• Ask if the attorney has initial thoughts about your legal options to understand their ability to break down and analyze general facts from your case, and
• Discuss fee options with the attorney to see if their prices and payment structures work for you.

Completing these tasks can help you see which attorney is the right fit for your needs and personality.

Why Henington Lewis Law Firm PLLC Is a Great Choice

If you’re in Austin and searching for the best civil litigation attorney, Henington Lewis Law Firm PLLC should be at the top of your list. Here’s why:

• Experience and focus. Samantha has nearly a decade of experience and trained at one of the best litigation schools in the nation.
• Top ratings. Our clients trust us and give us top reviews for our legal services and support.
• Clear communication. We believe in explaining your options in simple terms. You should never feel lost in legal jargon.
• Client-centered approach. Every case is personal, and we work with you to create effective strategies that fit your specific needs.

Our goal is to fight for you in court, help you find the best solutions, and protect your peace of mind.

We Can Give You the Best

If you’re in Austin and wondering how to find a civil litigation attorney, consider contacting Henington Lewis Law Firm PLLC. We have litigated cases from both sides and have deep insights into how to defeat legal opponents. We are highly experienced and are here to help you face challenges and protect your interests. Contact us online or call us to schedule a consultation.

When someone manages property, money, or other assets for another, the law requires them to act in that person’s best interests. A fiduciary has a legal responsibility to do what’s right. But sometimes they fall short in fulfilling their duties, and litigation is necessary to address the problem.

Fiduciary litigation in Texas happens when a fiduciary fails to meet their responsibilities, making legal action necessary to protect the property’s owner. These lawsuits often involve questions about mismanagement, self-dealing, or refusal to follow the terms of a trust or estate plan.

With nearly a decade of legal experience, Samantha Lewis at Henington Lewis Law Firm PLLC focuses on estate and legacy planning. We help families of every size plan for the future, decide how to pass on their property to the ones they care about the most, and protect their interests should something go wrong. If a dispute happens, we’re ready to help you resolve it empathetically, strategically, and with clear communication.

What Is a Fiduciary?

A fiduciary is a person or entity that agrees to act in someone else’s best interests. Fiduciaries must prioritize the interests of beneficiaries, who are the people or organizations that benefit from the property the fiduciary manages.

Types of Fiduciaries

Several roles in Texas law create fiduciary relationships. Common roles include:

• Trustees managing and distributing property for beneficiaries under a trust, which is a legal arrangement that holds and manages property for others;
• Executors or administrators responsible for fulfilling the terms of a will or managing an estate during probate;
• Guardians appointed to manage the personal or financial affairs of a minor or incapacitated adult;
• Agents under power of attorney designated to make decisions and manage financial or health matters for another person; and
• Financial advisors and brokers, when managing investments or giving financial advice.

While these roles vary, they all share the same foundation: a legal obligation to act in the beneficiary’s best interests.

Fiduciary Duties

Fiduciary duties are the obligations a fiduciary owes to their beneficiaries. These duties are generally consistent across different types of relationships and include:

• Duty of loyalty. Fiduciaries must act in the beneficiaries’ best financial or legal interests, avoiding self-dealing and conflicts of interest.
• Duty of care. Fiduciaries must manage assets prudently and responsibly, with the same care and attention a reasonable person would use when managing someone else’s money.
• Duty of impartiality. When multiple beneficiaries exist, fiduciaries must treat them fairly and not favor one over another, unless the terms of the arrangement direct them to.
• Duty to inform and account. Fiduciaries must keep beneficiaries reasonably informed about their property and provide accurate records of how they manage assets.
• Duty to follow terms. Fiduciaries must follow the instructions of the governing documents, which are the will, trust, or other legal papers that set the rules of the arrangement.

For example, the fiduciary duties of a trustee generally include:

• Ensuring wise investment of trust money, rather than leaving it idle or placing it in risky ventures;
• Distributing funds to beneficiaries according to the trust’s schedule, rather than withholding them without reason;
• Treating all beneficiaries fairly, such as dividing assets evenly among siblings unless the trust directs otherwise;
• Providing regular accountings to show how trust funds have been used, including income, expenses, and distributions; and
• Following the written terms of the trust, such as selling property when the trust requires it, or limiting the use of funds to specific purposes.

Trustees who fail in their trustee responsibilities can cause real financial harm, and Texas law gives beneficiaries the right to challenge misconduct through fiduciary litigation.

What Does Fiduciary Litigation in Texas Involve?

If you are unsure what to do if a trustee or another type of fiduciary fails to meet its obligations, fiduciary litigation may be the answer. This involves filing a lawsuit or legal action against a fiduciary when they do not meet their legal duties.

Common disputes include:

• Failure to distribute funds on the correct schedule or failure to distribute funds at all;
• Mismanagement of assets, such as making reckless investments, mixing unrelated funds, or failing to safeguard property;
• Conflict of interest, where a fiduciary allows their personal interests to compete with the beneficiaries’ interests; and
• Lack of transparency, such as failure to provide a complete accounting or hiding information.

Typically, these legal claims take shape as a breach of fiduciary duty case. Sometimes, if removing the executor of an estate is necessary, you need to file your claim as part of the estate case in probate court. If the fiduciary caused harm, you may be able to recover damages to compensate for part or all of those losses.

How to Remove a Trustee or Executor

Texas law allows beneficiaries to seek the removal of a trustee or executor if they fail in their responsibilities. In Texas, removing a trustee or executor requires those seeking removal to submit a formal petition to the probate court. The process generally includes:

• Filing a petition. A beneficiary or other interested party files a written request with the court explaining why removal is necessary.
• Notice to the fiduciary. The trustee or executor receives notice of the petition and has the right to respond or defend their actions.
• Court hearing. A judge reviews the evidence, hears testimony, and determines whether the fiduciary has violated their duties or is otherwise unfit to serve.
• Court order. Should the court agree that removal is justified, the judge signs an order removing the fiduciary, appoints a successor, and could require the fiduciary to pay restitution for losses caused by their misconduct.

This process is formal and often contested, so the assistance of a knowledgeable, experienced attorney is essential.

Protect Your Rights

If you believe a fiduciary has violated their responsibilities, we can help. Fiduciary litigation in Texas requires careful preparation, probate and trust law knowledge, and strong courtroom advocacy. At Henington Lewis Law Firm PLLC, we guide clients through fiduciary conflicts with clear communication and practical solutions.

We serve clients across Texas and believe every family deserves protection, clarity, and peace of mind. If you have questions about fiduciary litigation, call us today to schedule a consultation and learn how we can help protect your rights.

When someone dies in Texas, the executor has the important job of handling the estate. But what happens if the executor mismanages assets, delays distribution, or acts against the beneficiaries’ best interests? Can you sue an executor of a will in Texas? Yes. People with a legal right or stake in the estate may sue if the executor violates their duties or fails to perform their responsibilities.

At Henington Lewis Law Firm PLLC, we guide Texans through probate, estate planning, and estate litigation with clarity and compassion. Our founder, Samantha Lewis, has nearly a decade of legal experience. We know firsthand how confusing probate can feel, and we simplify what other lawyers often overcomplicate. Our mission is to help families protect assets, resolve disputes, and navigate probate or litigation efficiently.

What Is an Executor Responsible for?

When someone creates a will, they typically name an executor to carry it out. The executor is the estate’s fiduciary, meaning they must act with honesty and loyalty and in the best interests of the estate and its beneficiaries.

An executor’s responsibilities typically include:

• Filing the will with the probate court,
• Inventorying estate assets,
• Paying valid debts and taxes the estate owes,
• Distributing remaining assets according to the will,
• Keeping accurate records, and
• Reporting to the court.

Executors have significant authority but are not free to act however they wish. They must follow Texas law, honor the will’s terms, and avoid conflicts of interest. Honest mistakes, such as misplacing a receipt or needing extra time to locate assets, may not justify legal action. However, repeated or serious failures to meet obligations can.

When Can You Sue an Executor of a Will in Texas?

Not every mistake by an executor warrants a lawsuit. However, those with a stake in the case can take legal action if the executor breaches their fiduciary duty by failing to act in the estate’s best interests. Common reasons you may sue an executor include:

• Misuse of estate assets. Using estate property for personal benefit or failing to preserve its value.
• Failure to follow the will. Ignoring or altering the instructions left by the deceased.
• Excessive delay. Waiting longer than the court considers reasonable, such as several months without progress on listing or distributing assets.
• Lack of transparency. Refusing to provide required accountings (formal financial reports) or concealing estate information.
• Conflicts of interest. Placing personal gain above the interests of beneficiaries.
• Fraud or misconduct. Engaging in dishonest or illegal behavior when handling estate matters.

Beneficiaries may also ask the court to remove the executor if the executor is no longer fit to serve, such as if they develop a serious mental or physical condition or are convicted of a felony.

Who Can Sue an Executor in Texas?

Texas law allows interested parties to sue an executor. An interested party is anyone who has a legal right, financial stake, or potential inheritance connected to the estate. These individuals may file a claim if the executor fails to perform their duties properly. Common examples of interested parties include:

• Beneficiaries named in the will, who expect to receive property or money;
• Heirs under Texas intestacy laws, who would inherit if no valid will exists;
• Creditors of the estate, who the estate owes valid debts; and
• Other parties with a legal claim, such as guardians for minors connected to the estate.

If you are unsure whether you count as an interested party, a probate attorney can review your circumstances and confirm whether you have standing to bring a claim.

How to Prove Executor Misconduct

How to prove executor misconduct depends on the specifics of the misconduct. You may prove executor misconduct through:

• Financial records showing missing or misused funds,
• Property documents proving the executor failed to safeguard or distribute assets,
• Court filings that reveal inaccuracies or omissions,
• Testimony from witnesses who observed misconduct or dishonesty, or
• Correspondence that demonstrates refusal to cooperate with beneficiaries.

Because probate records and estate assets can be complex, working with an experienced probate litigation attorney is essential to gather the right evidence and know what to do with it.

How to Sue an Executor of a Will

If you believe an executor has acted improperly, you may file a claim against them in probate court. The process often involves the following steps:

• File a request with the probate court explaining the executor’s misconduct and requesting a remedy;
• Deliver legal notice to the executor and other interested parties;
• Present evidence proving the breach of duty or misconduct; and
• Ask the court for remedies such as removing the executor, repaying misused funds, or damages.

When the court removes an executor, it must appoint a successor to serve.

How Long Do You Have to Sue an Executor of a Will in Texas?

Legal claims typically operate within certain timeframes. The statute of limitations to sue the executor of a will in Texas is generally four years from when they engaged in the misconduct. In practical terms, the four-year clock starts running when you knew or should have known of the misconduct.

For example, if you discover signs of wrongdoing, such as missing funds, unexplained delays, or false reports, the statute of limitations may have already started to run. However, if the executor concealed their misdeeds, the statute of limitations might not begin until you discover them several years later.

Missing a deadline could mean you lose the right to sue, so consult a probate attorney as soon as you suspect misconduct.

Work with Henington Lewis Law Firm PLLC

Executor misconduct can jeopardize your inheritance and create lasting family conflict. At Henington Lewis Law Firm PLLC, we understand that disputes over wills and executors often come during times of grief and stress. Samantha founded our firm after personal experience with the probate court process and years of legal experience.

We are here to evaluate your case and help you decide on the best strategy for moving forward. Contact us today to schedule a consultation.

You work hard your entire life, providing for the ones you care about the most. How you pass on your assets should be for you to decide and not left up to chance. Without a plan, you risk someone else determining who gets what you have built. That’s why having a will can protect you, your family, and your legacy.

So, where do I start? What makes a will valid in Texas? How do I ensure my final wishes are honored? We can help answer these questions.

At Henington Lewis Law Firm PLLC, we believe estate planning is the kindest thing you can do for your family. We focus on estate and legacy planning, probate, and related matters, helping Texans protect their assets and avoid unnecessary court battles. Attorney Samantha Lewis founded the firm after nearly a decade of legal experience, leading with compassion and clarity to simplify what many lawyers overcomplicate.

Who Can Create a Will in Texas?

A will is only valid if the person who created it had the authority to create it. Texas law sets two basic requirements. The person must be at least 18 years old and of sound mind. A person is of sound mind if they can understand:

• They are making a will,
• What property and assets they own, and
• Who their close family members and beneficiaries are.

Although there are limited exceptions for minors, a person younger than 18 may create a will if they are legally married or a member of the U.S. armed forces.

What Makes a Will Legal in Texas?

If the will’s creator, called a “testator,” was over 18 and of sound mind, the validity of the will depends on the will meeting specific requirements under Texas law. A will that does not meet these requirements, called will formalities, is generally invalid.

Written Requirement

A will must be in written form to be valid. Most modern wills are typewritten.

Signature Requirement

The testator must sign the document, typically at the end, following all of the will’s terms. When the testator signs, they attest that they are of sound mind and that the document is their intended last will and testament.

In limited cases, another person may sign on behalf of the testator. Specifically, someone else may sign if the testator is unable to do so, but only in the testator’s presence and at their direction.

Witness Requirement

Texas requires at least two credible witnesses over the age of 14 to sign the will to make it valid. Credible witnesses are those who must be competent to testify in court. Ideally, the witnesses are not individuals who will receive something under the will, but state law does not forbid individuals with an interest in the estate from serving as witnesses.

Witness Exception: Holographic Wills

Texas law refers to handwritten wills as “holographic wills.” Holographic wills do not require witnesses. But, to be valid, the testator must still sign the will, which must be entirely in the testator’s handwriting.

Courts often scrutinize holographic wills carefully. They may call handwriting experts or require additional proof to confirm the document is truly the testator’s intended last will and testament.

Self-Proving Affidavit

Many wills include what is called a “self-proving affidavit.” In this sworn written statement, the testator and witnesses attest that the related document is the testator’s intended last will and testament. To do so, they sign before a notary public, who then notarizes the affidavit.

Without a self-proving affidavit, witnesses typically have to testify in court to confirm that the offered will is the testator’s intended will. With a self-proving affidavit, the court can admit the will to probate without requiring the witnesses to appear in person.

Challenges to the Validity of a Will

Even if a will appears valid, interested parties—people with a financial or personal stake in the estate, such as heirs, beneficiaries, and sometimes creditors—can challenge it in probate court. Such challenges are called will contests, further illustrating the importance of understanding what makes a will valid in Texas.

Common grounds for a will contest include:

• Lack of testamentary capacity. The testator was not of sound mind when they made the will, which is a basic requirement for testators in creating a will.
• Undue influence. Someone pressured or manipulated the testator into making or changing the will so it no longer reflects the testator’s genuine expressions of intent.
• Improper execution. The will does not meet signature or witness requirements, violating will formalities.
• Fraud or forgery. Someone altered or falsified the will, or the testator otherwise did not create it, calling into question whether it’s the testator’s intended last will and testament.

When someone dies without a will, their estate passes according to Texas intestacy law. The same occurs if someone challenges a will and a court concludes it is invalid. If the deceased person left behind a surviving spouse or descendants, the estate generally passes to them. If not, their estate may pass to their parents, siblings, grandparents, aunts and uncles, first cousins, or the state.

Protecting Your Wishes with Henington Lewis Law Firm PLLC

At Henington Lewis Law Firm PLLC, we help Texans prepare wills and broader estate plans tailored to their unique situations. We know from experience how important it is to create a plan that truly works for you and your family. By offering accessible estate and legacy planning services, we empower clients to protect their assets, avoid probate headaches, and give their loved ones peace of mind.

If you are ready to prepare or update your will, contact Henington Lewis Law Firm PLLC today. We are here to simplify the process and guide you every step of the way.

Resources:

• Estate of an intestate not leaving spouse, Tex. Est. Code § 201.001 (2014), link.
• Separate estate of an intestate, Tex. Est. Code § 201.002 (2014), link.
• Who may execute a will, Tex. Est. Code § 251.001 (2017), link.
• Written, signed, and attested, Tex. Est. Code § 251.051 (2017), link.
• Exception for holographic wills, Tex. Est. Code § 251.052 (2023), link.
• Requirements for self-proving affidavit, Tex. Est. Code § 251.104 (2017), link.
• How Much Does a Will Cost in Texas?