Fiduciary litigation refers to resolving estate disputes involving trusts, wills, guardianships, and estates.

A fiduciary is a person or entity that stands in a position of trust and responsibility for another. They have a legal duty to the fiduciary's beneficiary to act in their interest. For example, the executor of a will or trust has a fiduciary duty to the beneficiaries named.

Fiduciary disputes commonly occur when someone disputes a will, beneficiary, or trustee. For example, one party may look to sue someone over how a trust is being administered.

When trust disputes occur, it is essential that you have support from a probate litigation attorney who understands the unique aspects of fiduciary claims when compared to other forms of civil litigation and who has extensive experience in probate court. At Hardie Alcozer, our narrow focus gives us a clear advantage when it comes to supporting our clients.

The term also covers parties who breach their fiduciary duties outside of trust litigation, such as professional liability claims or oppression of a minority owner in a closely held business.

We represent beneficiaries when they are being denied funds they are rightfully owed or when they are in a disagreement about how assets should be distributed. We also represent Executors and Trustees who have been accused of wrongdoing by beneficiaries. Finally, we represent business owners and partners when the other owners or partners have done something wrong.

Our estate litigation lawyers have the skills, resources, and experience necessary to assist anyone facing disputes of wills or trusts, including:

• Beneficiaries who are in disagreement about how assets should be distributed.

• Beneficiaries who are being denied funds they are rightfully owed.

• Trustees or executors who are being accused of a breach of fiduciary duty by beneficiaries.

• Business owners and partners who are in dispute with other owners or partners.

Our services are comprehensive—we will work up the viability of your claim, manage the relationship with other involved parties, appear in court, and handle all requirements of a civil case in Texas, all while keeping you informed throughout the entire process.

Depending on the type of matter, we either are paid by the hour at competitive hourly rates, or in some cases, we will take cases for a contingency fee (as in, we are paid a percentage of any money we receive for you, but you owe us nothing if we are not successful.)

Litigation cases can last as short as a couple of months with a successful demand letter or mediation, or as long as many years.

For a list of FAQ’s, please visit our FAQ’s page.