Victoria Probate and Estate Litigation Lawyer

How Can a Lawyer Help?

A litigation lawyer is not the same as other probate and estate attorneys in Victoria. While most assist with creating estate planning documents or administration, a litigator fights to resolve the disputes that may arise during probate. Specifically, these attorneys:

Provide legal advice
Advocate for their client’s interests
File motions and navigate the legal process
Represent heirs both inside and outside the courtroom
Negotiate settlements

Knowledge of the law and legal system is crucial when challenging a will or an executor’s actions. An experienced litigator could be invaluable in these situations, protecting an heir’s rights and interests through every phase of a dispute.

Common Wills and Succession Conflicts

After a loved one dies, their estate will be distributed among their heirs and beneficiaries. This is often done through the probate process, no matter if the decedent passed with a will (testate) or without a will (intestate). Conflicts usually come to a head during probate, resulting in legal disputes. Some examples of these disputes include:

Challenging the validity of a will
Disputing the terms or meaning of a will
Alleging executor misconduct, fraud, or breach of fiduciary duty
Disputing the asset valuation or estate accounting
Contesting the appointment of a guardian

A probate and estate litigation attorney in Victoria may review the disputed will or actions of the personal representative to determine how best to resolve these issues.

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Texas Intestate Succession

When a person dies without a will, their estate passes through a process known as intestate succession. As a general rule, the estate is transferred to the closest living relatives, typically the decedent’s surviving spouse and children. From there, the law examines the family tree to identify the appropriate heirs.
In a case with a surviving spouse and children, the spouse will inherit the decedent’s half of all community property and a portion of any separate property. The children will then inherit the remainder of the separate property, divided equally among them. If there are no children, surviving parents or siblings will inherit the remainder of the separate property.
If both parents are living, they will inherit an equal portion of the decedent’s estate. However, if only one parent survives, siblings could also inherit a portion. If there is no surviving spouse, children, parents, or siblings, the property may pass to more distant relatives like grandparents or nieces and nephews.

What to Expect During an Estate Dispute

An interested party, often an heir, may raise a dispute at any time during probate. However, they usually must file a claim challenging the validity of the will within two years from the start of probate. An experienced Victoria litigation attorney could assist in initiating probate and estate dispute claims within the applicable time limit.
Once filed, all interested parties must be notified of the challenge and offered an opportunity to respond. After such, the parties will exchange evidence and may negotiate a settlement. The probate judge will hear the matter and issue a ruling if no agreement is reached in negotiations.

The Probate Process

Probate is the process of paying the deceased’s debts and distributing their assets to heirs. This process begins by filing an application with the county court. A hearing is then held to determine the will’s validity and appoint a personal representative to handle the estate. The personal representative is responsible for identifying and notifying creditors and beneficiaries, inventorying and appraising the estate, paying creditors, and distributing remaining assets. Depending on the complexity of the estate and conflicts, this process can take six months to a year or more.

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Our Testimonials

Danny C.

Brandi H.

Joy A.

E. Thomas M.

Kyle N.

A. S.

Bob L.

My elderly parents had not updated their estate plan including wills since 1991. In less than 45 days, we had the full suite of necessary documents in hand and executed. I highly recommend.

Attorney Paul Romano is one of those rare attorneys who truly cares about people, not just cases. Before our consultation, he had already researched my situation and realized that because I live in another county, I’d be better off with someone who knows the local judges. Instead of just telling me that, he went out of his way to find a trusted attorney in my county—someone who was already expecting my call before we even spoke. That level of integrity and compassion is almost unheard of in this field. I’ll never forget how he handled my situation with such honesty and genuine care.

I was overall pleased with my legal representation from Paul Romano. From the very first phone call, I could tell he was genuine and took his time to answer my questions and concerns. I have been burned by other attorneys in the past, but Paul reassured me and put my mind at ease. I could tell he was knowledgeable and an expert in the field of probate and estate law. He responded to my emails in a timely manner which meant a lot to me. We avoided what could have been a lengthy and costly court battle and was able to settle everything through mediation. Paul was very thorough, detail-oriented, and professional throughout the entire process. I highly recommend him without hesitation.

The legal representation that I received from Romano & Sumner was First-Class. My case was an incredibly complex probate matter which involved more than a dozen plus opposing lawyers concerning a Will Contest. Paul worked diligently on the litigation and achieved a most favorable settlement for me. Moreover, Paul and Kenny always afforded me time in discussing every aspect of the case. I found both to be knowledgeable and professional and they make for a solid legal team. I feel truly blessed to have had them as my attorneys. With confidence I recommend the Romano & Sumner law firm.

Romano and Sumner worked with us to update our will and estate plans. Our interactions with all of the staff and Paul Romano were productive and professional. They took great care to explain the terms of the legal contracts and how our decisions would impact our descendants. They were also great about following up on questions and keeping the ball rolling. We would highly recommend their legal services.

Let me start by saying,WILL SCIBA has been our attorney since 2005. He works very hard to help you resolve any legal issue that you may have. In our opinion he is the best attorney in south texas. Will is not only a great attorney but he is also someone who makes you feel at ease, just knowing that he will do everything he can for a good outcome. He definitely is our JOHN WAYNE attorney.. 🤠 Also want to say a bit about Will's legal assistant Wanda, she's always been available to answer any question we might have , Very professional, and personable ..❤️

My wife recently died and I needed to probate her will. Since I had no previous dealings with a local attorney, I looked through various local papers and called attorneys that had ads in these papers. I called the office of Paul Romano and briefly told him the purpose of my call, I needed to have my wife’s will probated. He quoted me a figure over the phone which I agreed to . I visited his office and we went over my wife’s will. He saw no problems with the will and assured me the probate would go through without any problems. Sure enough, my wife’s will went through the court system without any difficulties.

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