Probate and Fiduciary Litigation

Gray Reed’s probate and fiduciary litigation practice features a deep bench of seasoned litigators focused on resolving disputes among family members, fiduciaries and other parties that complicate the transfer of assets to the next generation. Our team is proficient in navigating the highly technical substantive and procedural issues that arise in these complex cases. With eight attorneys Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization, we have the capabilities and resources to handle these challenging disputes before probate and appellate courts all over Texas.

Probate and Fiduciary Litigation Experience

Our team has considerable experience guiding beneficiaries, executors, trustees, charitable organizations, guardians, creditors and other parties through the entire range of probate and fiduciary controversies, including:

  • All types of contests involving the validity and interpretation of wills and trusts
  • Disputes concerning beneficiary designations and gift transfers
  • Fiduciary litigation involving alleged misconduct by executors, trustees and other fiduciaries, such as breach of fiduciary duties, fraud, conflicts of interest, self-dealing, improper asset management and more
  • Suits to remove executors, trustees and other fiduciaries
  • Estate and trust modifications, accountings and declaratory actions
  • Disputes over the ownership, control and management of family-owned or closely-held business interests
  • Contested guardianship and elder exploitation matters
  • Complex creditor claims

Counseling on Fiduciary Best Practices and Risk Management

Fiduciaries also rely on our team to advise on best practices for discharging their duties, minimizing risk and enhancing dispute readiness. We provide strategic counseling across a number of areas, including preparation of accountings and beneficiary communications, estate and trust modifications, documentation of critical events, fiduciary succession and much more. When disputes arise, we advise fiduciaries on the best strategy for resolution, whether it involves a cost-efficient settlement or, as a last resort, aggressive advocacy in the courtroom.

Trusts & Estates Practice Group Accolades

  • In the Chambers High Net Worth Guide 2023, the department was ranked as a leading private wealth law practice in Texas and two partners were recognized. 
  • Eight attorneys are listed as 2024 Best Lawyers in America (a Woodward/White company) in the field of trusts and estates and/or trusts and estates litigation.
  • Six attorneys were named 2023 Super Lawyers by Texas Super Lawyers (a Thomson Reuters publication) in the fields of trusts and estates. 
  • Our trust and estates law practice earned recognition in both the national and metropolitan tiers, and our trust and estates litigation practice received a metropolitan recognition in Best Lawyers' 2024 "Best Law Firms" ranking.

Our Purpose is You.

Clients benefit from our full-service capabilities when other issues complicate a probate or fiduciary dispute. They have full access to the firm’s experienced lawyers across numerous practice areas, including transactional, taxation, real estate, litigation, among others. In addition, our team always provides candid advice that makes the most business sense for the client under the circumstances, particularly when the decision to settle a case or go to trial is on the table.

Thought Leadership / News
June 6, 2024 
 Speeches and Presentations
Overview and Primer of Causes of Actions and Frequent Remedies in Trust Cases

TexasBarCLE Intermediate Estate Planning & Probate Course 

March 26, 2024 
 Speeches and Presentations
Married or Roommates: Common Law Marriage Claims in Estates

Estate Planning Council of Central Texas 

January 23, 2024 
 Speeches and Presentations
Declaratory Judgments in Establishing Heirs and Spouses

Dallas Bar Association Probate, Trusts & Estates Section

June 6, 2023 
 Speeches and Presentations
Overview and Primer of Causes of Actions and Frequent Remedies in Trust Cases

State Bar of Texas - Intermediate Estate Planning & Probate Course 

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