Serving Travis & Williamson Counties

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Probate Litigation

Austin Estate Litigation Attorney

Aggressive representation for high-stakes inheritance disputes in Travis County Probate Court.

"In the probate court, a Will is only as strong as the attorney willing to defend it. Estate litigation is about ensuring that the law, and the truth, prevails over family conflict and greed. - Kyle Robbins"

When Does Probate Require Litigation?

Not every probate case is adversarial, but when a conflict arises, standard administration is no longer enough. We specialize in the "Hard Cases" that require formal litigation in Austin:

  • Contested Heirship Proceedings: Resolving disputes over who is legally entitled to inherit when a person dies without a Will (Intestacy).
  • Creditor Claim Disputes: Defending the estate against invalid or exaggerated claims from creditors that threaten the beneficiaries' inheritance.
  • Asset Recovery (Texas Estates Code § 205.001): Taking legal action to claw back assets that were improperly transferred or stolen from the estate before or after a loved one’s death.
  • Partition Suits: Forcing the sale or division of real estate (such as Austin family homes or ranches) when heirs cannot agree on how to manage the property.
  • Common Law Marriage Litigation: Proving or disproving the existence of an informal marriage to establish or block inheritance rights.

Our Estate Litigation Toolbox

At Robbins Estate Law, we use a "results-oriented" approach to ensure our clients have the upper hand in the courtroom:

  • Forensic Accounting: We audit estate records to find missing funds and document financial irregularities.
  • Pre-Trial Motions: Utilizing strategic motions to dismiss frivolous claims or narrow the scope of the dispute to save our clients time and money.
  • Mediation Expertise: Most Travis County judges require mediation before a trial. We use this as a high-leverage opportunity to secure a favorable settlement without the stress of a public trial.
  • Trial Advocacy: If a settlement is not possible, we provide aggressive representation before the Travis County Probate Court.

 

 

Case Study

The "Excluded" Heir

The Situation: An Austin client was the only child of a wealthy business owner. After his father’s death, a "distant cousin" appeared with a questionable document claiming he was the sole heir to the father's multi-million dollar real estate portfolio in Round Rock.

The Solution: We initiated a contested heirship proceeding. We utilized DNA evidence and forensic document analysis to prove the cousin’s claims were fraudulent and that our client was the sole rightful heir under the Texas Estates Code.

The Result: The court dismissed the cousin’s claims entirely. Our client's inheritance was secured, and we obtained a judgment for attorney’s fees against the fraudulent claimant.

Common Questions (FAQ)

Probate is the legal process of administering a deceased person's estate. Estate litigation occurs when a specific dispute arises within that process, such as a challenge to the Will’s validity, a dispute over who the heirs are, or a claim that the executor is stealing money.

Yes. If an executor is attempting to sell property (like an Austin family home) against the terms of the Will or for an unfair price, we can seek an Injunction to freeze the sale until the court can review the transaction.

A surcharge is a court order requiring an executor or trustee to personally pay for losses they caused the estate through their misconduct or negligence. It is one of the most powerful tools we use to recover lost inheritances.

Litigation is slower than standard probate. Depending on the complexity of the evidence and the court’s schedule in Travis County, a contested case can take anywhere from six months to two years. We focus on moving the case forward as efficiently as possible.

 When an Austin resident dies without a Will (intestate), the Travis County Probate Court must formally determine who the legal heirs are before any property can be distributed. A contest arises if there is a dispute over family history, such as a child from a previous marriage who was never legally adopted or a claim of an informal common law marriage. At Robbins Estate Law, we represent clients in these high-stakes proceedings, utilizing DNA evidence and historical records to ensure the court’s Judgment Declaring Heirship accurately reflects your legal rights under the Texas Estates Code.

We are proud to have served thousands of families across Texas. Our Austin office currently maintains a 4.9-star rating based on 127 Google reviews from clients we have assisted with probate, guardianship, will contest, breach of fiduciary duty, and estate litigation.

Protect Your Assets

Schedule a confidential strategy session with our Austin team.

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Kyle Robbins

Attorney Review

Inheritance litigation is a marathon, not a sprint. We provide the endurance and the expertise to see you through to the finish line.

- Kyle Robbins, Esq.

Don't Wait Until the Evidence Disappears.

In litigation, the first person to secure the evidence usually wins. Once records are lost or assets are spent, recovery becomes much harder. Act now.
(512) 851-1248