Probate Litigation FAQ
The lawyers at Bakutis, McCully & Sawyer, P.C. in Fort Worth, Texas, represent clients in probate litigation matters. If you or your family has entered into a dispute during the estate administration process, contact our firm for solid advice and effective representation.
When can a will be contested?
There are a number of circumstances under which an individual may choose to contest a will:
Contact our law firm if you think you have grounds for contesting a will.
Can an executor or trustee be removed?
Situations in which an executor or trustee can be removed include:
Is probate or trust litigation expensive?
Yes. However, it is important to explore your payment options. You may be able to hire an attorney on an hourly basis or on a contingency fee basis. The hourly rate of experienced attorneys is about $350 to $450 an hour. If you choose a contingency fee arrangement, your attorney will get a certain percentage of the total amount of money he or she recovers for you. Besides attorney fees, deposition expenses, court reporters, expert witnesses, and costs arising from the discovery process alone are significant. As a result, the firm customarily requires a retainer, which can range from a minimum of $5,000 to as much as $25,000.
What is the "In Terrorem" or "No Contest" clause?
A lot of people put an "in terrorem" or "no contest" clause at the end of the will to discourage disputes among interested parties during the estate administration process. Sample language could include, "if you contest this will, all benefits/properties passing to you will be forfeited. " Individuals who anticipate disputes among family members following their death may want to consider putting an "in terrorem" or "no contest" clause in their will.
How much trial experience do the lawyers at Bakutis, McCully & Sawyer, P.C. have?
Our attorneys have significant experience in the legal areas that matter to you. Attorney David Bakutis has more than 30 years of litigation experience. Collectively, our firm's lawyers have more than 100 years of litigation experience.
Contact a Fort Worth Probate Litigation Lawyer
For answers to your frequently asked questions about probate litigation, contact a probate lawyer from our firm today.