Litigation

An experienced Arlington litigation lawyer

Disputes related to property and real estate can arise involving many different issues. Sometimes, these concerns can be negotiated and settled quickly and easily. Other times, negotiations fail and stronger litigation efforts are required.

Working closely with Arlington attorney John Hixson can provide you with peace of mind through effective counsel and legal representation for a variety of real estate related matters. Some of these include:

• Property title disputes
• Litigation to clear the title to real property
• Litigation in probate proceedings related to the title of the property
• Foreclosure services on a deed of trust to obtain title after default on a real estate note
• Eviction services for Landlords, including appeals to County Court at Law
• Filing mechanics liens to collect funds owed on a construction project
• Filing suit to foreclose on mechanics liens to collect funds owed by a contractor
• Defense of debt suits and bankruptcy proceedings
• Collection of debts of all types
• Construction disputes and litigation

Deed Preparation requires legal experience and expertise since it can be a complicated legal process, especially if there are other issues that may be attached to the property such as unpaid taxes, equitable division of assets in cases of divorce, and other legal matters.

Probate litigation can take place over many possible issues

Under probate law, assets of a deceased person are identified, and after payments of debts and taxes are handled, the remaining assets are distributed to legal heirs as stated in a will. However, there are times when a legal contest may arise due to the circumstances of a person’s death or their mental state. Court battles are then known as probate litigation and can encompass a variety of situations. Common examples of probate litigation can include:

• Challenges to the validity of a will
• Suits regarding the wording or construction of wills and trusts
• Contests over whether a guardian should be appointed for an individual who has not executed a power of attorney
• Trust modification or reformation lawsuits
• Suits brought to terminate a trust because the trust’s purpose has become impracticable
• Suits by beneficiaries against a fiduciary for failing to act in accordance with the law or a legal document

Probate litigation is more likely to take place in cases of sibling rivalry, second marriages, and dysfunctional families. Individuals who marry multiple times without a pre-nuptial agreement are also likely to incite probate litigation. A pre-nuptial agreement is a primary way to avoid probate litigation at death.

Many people wrongly believe they own their assets as separate property when in reality it may have converted to community or marital property. Preferably before but even after marrying, the spouses should create a marriage agreement delineating the proper ownership of their assets rather than leaving family members to fight over these matters after a family member’s death.

Even if there is a valid challenge to an estate, most states have a strict statute of limitations. The probate court will not proceed with a claim that has exceeded the legal time limit.

In probate court, emotions can run high and interactions are tense, meaning that probate litigation can greatly disrupt familial relationships. Good planning and effective legal representation can reduce the chances of probate litigation.

The Hixson Law Firm serves clients in Mansfield, Arlington, Grand Prairie and other nearby Texas communities.