Common Disputes in Probate Court

 Posted on April 09, 2025 in Estate Planning and Probate

 Sorting through a deceased loved one’s estate is often a complicated, tedious process. However, when an issue arises over your loved one’s estate, a debate can escalate to full-on litigation. A Texas probate attorney can provide you with legal advice and representation for your needs, protecting your rights in a dispute.

At Geoff Mayfield, Attorney at Law, we can advocate for you on a variety of issues concerning your loved one’s will and estate. Attorney Geoff Mayfield has over 15 years of legal experience, so you can take comfort in knowing that your probate issue will be handled by a skilled negotiator and litigator.

Breach of Fiduciary Duty

If you are appointed to manage the distribution of somebody else’s will or trust, you have a fiduciary duty. This means that you are legally obligated to manage the assets according to the deceased person’s wishes and in the best interests of the beneficiaries. If you are accused of violating your fiduciary duty, your powers over the estate could be revoked, and you could be ordered to pay back what was lost.

Whether you are looking to have a fiduciary removed or you are trying to defend yourself against allegations of breaching your duty, an estate litigation attorney can help. At Geoff Mayfield, Attorney at Law, we represent clients on either side of a breach of fiduciary duty claim.

Undue Influence

When somebody writes a will, it is assumed to be his or her own wishes. However, a bad actor can exploit the writer of the will – known as a testator – to modify the terms of the document for selfish gains. Undue influence often occurs when a testator is isolated from his or her loved ones, allowing one person to subtly alter the distribution of assets through manipulation.

At Geoff Mayfield, Attorney at Law, we can help you challenge a will on the grounds of undue influence. To support your case, we can help you collect evidence like witness testimony or previous drafts of a will.

Creditor Claims

A person’s debts do not simply disappear after death. After your loved one’s passing, multiple parties known as creditors may emerge trying to make a claim on the estate. Some of these claims may be valid, but others might not.

At Geoff Mayfield, Attorney at Law, we can review any claims against your loved one’s estate to see if they hold any legal weight. If the creditor fails to make a claim within a certain timeframe, it could be rejected in court. Our probate attorney can also help you allocate the estate’s assets to pay off any necessary debts.

Contact a San Antonio, TX Estate Litigation Attorney Today

Dealing with estate litigation is undoubtedly stressful, but you do not have to manage it by yourself. At Geoff Mayfield, Attorney at Law, our experienced Bexar County, TX probate lawyer can help protect your best interests, helping to address any points of confusion or vagueness about your loved one’s estate.

During the process of litigation, we will keep you informed of your rights and advise you of your best options to respond. To schedule a free consultation today, call our offices at 210-535-0870.