Law Offices of
David S. Bouschor II

217 E. Oak Street
Denton, Texas 76201
(940)323-1300
(940)323-1400 (fax)
(877)592-1300 (toll free)

The Litigation Method
In Probate Court

Probating an estate will always necessitate the filing of pleadings and hearing before the court. The issues surrounding that estate such as who should be the personal representative, is the Will valid, enforcing a Will, breach of fiduciary duty, are all causes of action that will be filed in or with the Probate action and must be resolved, sometimes before the Will can be admitted to probate, but in almost all cases, before the probate estate is closed. Texas Probate law is a separate and unique body of law that in some cases has not changed in the 100 plus years but in other cases changes all the time. A litigated case is procedurally governed by the Texas Rules of Civil Procedures and the Civil Practice and Remedies Code, but often the Texas Probate Code has preempted a portion of these codes. This is what makes Probate litigation almost a specialty that only some of the Attorneys in Texas have dedicated themselves to. While the Texas Board of Specialization does not recognize or have a Specialization in Probate Litigation, never the less it is a unique area of Texas Law.

Probate Litigation, like Family Law, often involves families or extended families and the complications that arise with these longstanding relationships. If the parties cannot reach an agreement with regard to the disputed issues, the Court may require you to attend mediation prior to scheduling a trial in your case. If no mediated settlement is reached, the only recourse is to present evidence and arguments in support of your position to the Court (or jury) for ultimate determination. The process of preparing for a trial is a consuming task both in money and time and you will be required to assist in the preparation which will be a substantial commitment of time. Litigation provides resolution for people who cannot settle their differences any other way.

While David will avidly work to find an amicable solution to the disputed issues in a probate case, Attorney Bouschor has extensive litigation and courtroom experience both in trials to the Court and before a jury and he will aggressively litigate a probate matter should a trial become necessary.

Please read our Philosophy on Litigation Method.