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.

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.

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?

Many Texans want to protect their loved ones and assets through an effective estate plan, but do not know where to begin. The estate planning process involves creating legal tools that determine what happens to your property when you die, and your finances and healthcare if you become incapacitated. While every estate plan is unique, you can use a seven-step structure to ensure you create a comprehensive, efficient plan. So, what are the 7 steps in the estate planning process?

At Henington Lewis Law Firm PLLC, we guide you through each part of this journey with empathy, clarity, and strategic focus. Our mission is to help Texans protect what matters most—family, legacy, and peace of mind. We take pride in offering personalized service and simplifying what others often overcomplicate.

What Are the 7 Steps in the Estate Planning Process?

Clients often ask us, How does estate planning work in Texas? We explain that it begins with setting clear goals and ends with making sure your plans reflect your goals as life changes. To create a comprehensive estate plan, you should:

• Identify your goals,
• Gather information and documents,
• Inventory your assets and liabilities,
• Learn about your options and choose key decision-makers,
• Create your plan,
• Inform your loved ones, and
• Revisit your plan regularly.

Hiring an estate planning lawyer is essential, as we can guide you through each step. Many clients also ask how much does estate planning cost, since understanding potential expenses early helps them plan with confidence.

Step 1: Identify Your Goals

The first step is to consider your goals and priorities. Many people begin estate planning with goals like:

• Ensuring specific people inherit particular property. You might want certain family members, friends, or charities to receive meaningful assets such as a home, a business, heirlooms, or investments.
• Avoiding probate. Probate is the court-based process of settling someone’s estate after death. It can be time-consuming, public, and costly, so some plan to pass assets outside probate.
• Protecting assets. Estate planning can safeguard your property from certain risks, like lawsuits or creditors, and working with an asset protection lawyer can help you choose the right strategies to shield what you’ve built.
• Minimizing taxes. Strategic planning can reduce estate, inheritance, and income taxes, allowing more of your estate to go to the people or causes you choose.
• Providing for minor children. Naming guardians and establishing strategies to manage children’s inheritance so they are cared for if something happens to you.

Clear goals make it easier to select the right legal tools and guide the next stages of the process.

Step 2: Gather Information and Documents

After you define your goals, begin collecting details and paperwork your attorney will need to create a complete and accurate plan. Gather:

• Deeds, titles, or other documentation of real estate or vehicle ownership;
• Information for bank accounts, retirement plans, and investment accounts;
• Life insurance policies;
• Business documents showing asset ownership and shares between partners;
• Information about mortgages, credit card balances, or other outstanding debts;
• Existing estate planning documents, if any;
• Recent federal and state tax returns; and
• Account lists, usernames, and passwords for online accounts.

Your attorney can help you identify and even locate necessary documents and information.

Step 3: Inventory Your Assets and Liabilities (Your Estate)

Consulting your gathered documents, make a comprehensive list of what you own and owe—collectively, your estate. Your inventory should include:

• Real estate holdings and their estimated values;
• Bank, retirement, and investment accounts with current balances;
• Personal property like vehicles, jewelry, or collectibles;
• Business ownership interests and intellectual property; and
• Mortgages, loans, and credit card balances.

A clear, complete inventory allows you to create a comprehensive plan.

Step 4: Learn About Your Options and Choose Key Decision-Makers

Before you decide how to structure your plan, your attorney will explore the legal tools available to you, such as:

• Will—declare who receives your property after you die;
• Trusts—place assets into a trust for a trustee to manage based on terms you set to benefit one or more beneficiaries;
• Powers of attorney—authorize someone to handle financial, legal, or medical affairs if you become incapacitated;
• Advance directive (living will)—explain what medical treatments you do or do not want in the event of incapacity; and
• Beneficiary designations—name who should receive specific accounts or policies.

Several of these documents require you to select decision-makers who will play a role in your estate plan, like your executor, who manages your probate estate using your will after you die. The people you choose should be dependable, responsible, and familiar with your plans. Ask them whether they are willing before you officially designate them.

Step 5: Create Your Plan

Next, your attorney prepares the documents needed to implement your plan. We work with you in making adjustments and modifications to ensure your plan meets your needs. Once complete, you sign these documents to make them active.

Wills in particular have strict legal requirements, so it is crucial to follow the law carefully when creating, signing, and witnessing them.

Creating your plan also involves reviewing and updating beneficiary designations, such as:

• Life insurance policies,
• Retirement accounts,
• Payable-on-death (POD) bank accounts, and
• Transfer-on-death (TOD) investment accounts.

Your lawyer will help you incorporate these assets smoothly into your overall estate plan. We can also coordinate estate plans with business succession planning.

Step 6: Inform Your Loved Ones

Once you have your core plan, ensure you provide details to at least one other person. Inform them about:

• Where exactly to find your documents,
• How to access those documents,
• Who to contact for guidance, and
• Your general wishes.

If you do not communicate with your loved ones, they may not know what to do, even if you have a detailed, comprehensive plan. This lack of clarity can lead to delays or confusion about next steps, including questions like what if the executor does not probate the will.

Step 7: Revisit Your Plan Regularly

Review your plan:

• Every three to five years,
• After a major life event like marriage or the birth of a child, and
• When your priorities shift.

Keeping your documents updated means aligning your plans with your life and goals as they change over time.

Start Your Estate Planning Journey with Henington Lewis Law Firm PLLC

At Henington Lewis Law Firm PLLC, we guide you through the estate planning process with compassion, strategically tailored advice, and a focus on you and your loved ones’ peace of mind. If you are ready to begin or have questions about how estate planning works in Texas, contact Henington Lewis Law Firm PLLC today. We are proud to be your trusted guide.

Choosing the right estate planning lawyer is one of the most critical steps to protect your loved ones and your legacy. But when you search for the “best estate planning attorney near me,” you may quickly be overwhelmed by options. From credentials to communication style, knowing how to choose an estate planning attorney can feel like a challenge, especially when trying to make a decision that will impact your family for years.

At Henington Lewis Law Firm PLLC, we understand what makes this choice so personal. Founded by attorney Samantha Lewis, our firm helps individuals and families throughout Austin and Central Texas create thoughtful, effective estate plans in a supportive and approachable environment.

We believe that what makes a good estate planning attorney goes beyond technical skill. It’s about listening, offering clear guidance, and crafting solutions that work for real life. If you’re looking for a trusted legal partner, we’re here to help you take your next steps with confidence.

Here are several practical ways to find the best estate planning attorney near you.

What Makes a Good Estate Planning Attorney?

The right estate planning attorney helps you make informed decisions that help protect your future and reduce stress for your family. So what makes a good estate planning attorney?

It comes down to more than experience. You want someone who listens first, explains things clearly, and offers personalized strategies tailored to your situation. Texas law provides flexibility in estate crafting through tools like statutory durable powers of attorney and living wills, but these must be tailored carefully to your goals. A good attorney should guide you with transparency and compassion, not overwhelm you with jargon or push a one-size-fits-all plan.

Whether you’re new to estate planning or updating an existing plan, it helps to know what qualities and services to look for as you evaluate your options. Below are several ways to answer the question, “What are the ways to find the best estate planning attorney near me?”

1. Look for Experience That Aligns with Your Needs

As you research your options, having a clear list of questions to ask an estate planning attorney can help you compare experience, communication style, and approach. A strong background in estate law is essential, but the attorney’s experience must also align with your unique situation. Do they work with young families to establish their first plan? Are they familiar with probate and guardianship matters? Can they handle complex family dynamics, high-value estates, or blended families?

An experienced attorney will better understand the legal tools available, anticipate potential complications, and design a plan that reflects both your goals and the realities your loved ones may face down the line.

2. Prioritize a Lawyer Who Listens Before They Advise

Estate planning isn’t just a legal process; it’s a personal one. Before offering solutions, a good attorney takes time to understand what matters to you. That includes listening to your family background, financial goals, personal values, and long-term concerns.

Avoid attorneys who immediately launch into legal terms and document packages without asking about your specific situation. A good estate planning attorney will begin the process with a conversation, not a checklist.

3. Evaluate How Clearly They Explain Legal Concepts

An estate planning attorney should know how to explain legal terminology in a way that makes sense. They won’t bury you in technical language or rush you through decisions while you’re still understanding your options.

If you leave a consultation feeling more confused than when you arrived, that’s a red flag. The right attorney should provide clarity, not complexity.

At Henington Lewis Law Firm PLLC, we walk clients through each step of the process in plain language. We aim for you to feel confident in your decisions, not underwater in unfamiliar legal terms.

4. Understand Their Fee Structure

Estate planning shouldn’t come with financial guesswork, and many clients understandably want to know how much does estate planning cost before getting started. A trustworthy attorney will be transparent about their pricing and explain how fees are calculated before you commit to anything.

Ask whether the firm charges flat fees or hourly rates. Some attorneys may bundle services, while others charge separately for each document. Make sure you understand what’s included and whether any updates or future services are covered.

At Henington Lewis Law Firm PLLC, we believe peace of mind shouldn’t come with surprises. We’ll discuss the fee structure at the beginning so you know exactly what to expect.

5. Check Reviews and Testimonials—But Read Between the Lines

Online reviews can be helpful, but only if you know what to look for. Don’t just look at five-star ratings. Read how past clients describe their experience.

Look for patterns in the feedback. Do people mention feeling understood, respected, and informed? Do they describe the attorney as responsive and compassionate? Positive results matter, but so does how you are treated throughout the process.

A helpful review will mention the attorney’s communication style, responsiveness, and overall support.

6. Make Sure They Offer an Ongoing Relationship

An estate plan is not a one-and-done transaction. Life changes, such as marriages, births, divorces, new assets, or health issues, can affect your plan. Your attorney should be available to help you keep everything current as your needs evolve.

Ask whether the attorney provides periodic reviews or offers an easy way to request updates. A good estate planning attorney stays in your corner for the long haul.

At Henington Lewis Law Firm PLLC, we build long-term relationships with our clients. We’re here to create your initial plan and support you as life unfolds.

7. Focus on Local Knowledge and Availability

Estate planning laws vary by state, and so do court procedures. Working with an attorney in your area means they’ll be familiar with Texas law, local probate practices, and courts’ expectations in Central Texas.

Choosing a local Austin estate planning attorney means choosing someone who understands the law and the people the law is meant to serve.