Estate Litigation Lawyer in El Paso

Family-Owned Trial Representation for Contested Estate Matters in West Texas

When an estate dispute can’t be resolved outside of court, the attorney you hire needs to be ready to litigate, not just negotiate. Spencer Trial Attorneys, P.C. is a family-owned trial law firm based in El Paso that handles contested estate matters from the initial dispute through courtroom proceedings. We represent clients in will contests, executor misconduct claims, beneficiary disputes, trust litigation, and creditor claims. A free consultation is available, and we offer both in-person and virtual appointments with 24/7 availability.

Estate litigation is emotionally and financially high-stakes. Whether you’re protecting an inheritance, a will you believe is invalid, or holding a fiduciarily delinquent executor accountable, you deserve legal representation that can take your case the distance when negotiations fail.

If you’re facing an estate dispute in El Paso, call Spencer Trial Attorneys, P.C. at (915) 233-6955 to schedule your free consultation.

Common Estate Disputes in El Paso

Estate litigation arises when the administration of a deceased person’s estate becomes legally contested. In Texas, these disputes are governed by the Texas Estates Code and heard in El Paso County’s two statutory probate courts: Probate Court No. 1 and Probate Court No. 2. Understanding where your case may be heard and what Texas law requires shapes every strategic decision we make.

Will Contests
A will contest challenges the legal validity of a will. Common grounds under Texas law include lack of testamentary capacity (meaning the testator lacked the mental ability to understand what they were signing), undue influence by another party, improper execution, and forgery or fraud. Perceived unfairness alone is not a valid legal ground in Texas probate court. Under Texas Estates Code Section 256.204, a will contest must generally be filed within two years of the date the will is admitted to probate. For contests based on forgery or fraud, a separate window applies: the suit must be filed no later than two years from the date the forgery or fraud was discovered. Acting promptly is important regardless of which deadline applies.

Executor Misconduct
An executor has a fiduciary duty to manage the estate in the interests of its beneficiaries. Misconduct includes mismanaging assets, self-dealing, and failing to keep beneficiaries informed. Beneficiaries may petition the El Paso County Probate Court for the executor’s removal and may pursue claims for damages caused by mismanagement. The court may then appoint a successor executor to administer the estate.

Breach of Fiduciary Duty
This claim applies to both executors and trustees who fail to act in the interests of the estate and its beneficiaries. Breach of fiduciary duty is a core theory in many contested estate cases and requires detailed evidentiary support.

Beneficiary Disputes & Trust Litigation
Disagreements over asset distribution and challenges to the validity or administration of a trust are among the most common matters handled in the El Paso County Probate Courts. We represent beneficiaries and trustees alike when these disputes reach trust litigation.

Creditor Claims
When creditors seek payment from an estate, disputes can arise over the validity of those claims, their priority, or whether the estate has sufficient assets. We help clients navigate these disputes under the Texas Estates Code.

Contact our litigation attorneys in El Paso at (915) 233-6955 to schedule a confidential consultation.

Why El Paso Clients Choose Spencer Trial Attorneys, P.C. for Estate Litigation

Spencer Trial Attorneys, P.C. was founded in 2018 by Jake Spencer and Ashley Spencer, a husband-and-wife team of attorneys who are both native El Pasoans. That local connection isn’t incidental. They built this firm here, they practice here, and they understand the community their clients come from.

Jake Spencer

Jake Spencer graduated near the top of his class at South Texas College of Law Houston, completing his degree in two and a half years. He was selected to represent South Texas in National Advocacy Tournaments, competing against top law schools across the country, and has been named a Top 40 Under 40 attorney by both the American Institute of Trial Lawyers and the American Academy of Attorneys. He has advocated in nationally recognized cases, including the acquittal of Daniel Villegas. That litigation background carries directly into contested estate matters, where the ability to build a record, examine witnesses, and argue before a court is not theoretical.

Ashley Spencer

Ashley Spencer graduated summa cum laude from Thurgood Marshall School of Law, also in two and a half years. Her background in clinical laboratory science gives her a working fluency in medical records and clinical findings, which matters in estate cases where testamentary capacity is disputed and medical evidence is central to the claim. Her areas of practice include probate and estate planning, and she brings that knowledge to the estate litigation work we handle together.

Our Approach

Together, we’ve handled hundreds of cases throughout West Texas. Because we handle estate planning, probate, and estate disputes under one roof, we understand how documents were created and where they may be vulnerable. We offer affordable representation and a genuinely personalized approach. Spanish-speaking representatives are available to serve El Paso’s bilingual community.

Practicing in El Paso’s Probate Courts

El Paso County estate litigation is heard in Probate Court No. 1 and Probate Court No. 2, which handle will contests, fiduciary litigation, trust disputes, and guardianship matters. Familiarity with local court procedures and judicial preferences shapes how we pace a case and when we push toward resolution versus trial. As native El Pasoans who have litigated throughout West Texas, we bring that local context to every matter we handle.

We also understand the family dynamics that shape how estate disputes arise in this community. Cultural considerations, extended family structures, and bilingual households all affect how disputes develop and how they’re best navigated.

How We Support Clients Through Estate Litigation

Estate disputes are rarely just legal matters. They involve grief, family conflict, and often a sense that someone you trusted violated that trust. We work to address both the legal strategy and the human dimension of what you’re going through.

From your first call through mediation, negotiation, or courtroom proceedings, we keep you informed at every stage. We explain what the Texas Estates Code requires, what the El Paso County Probate Courts may expect, and what your realistic options are, in plain language, without the delays in communication that frustrate clients who are already under stress. Thorough documentation of all estate-related communications and transactions matters throughout litigation, and we work with clients to build and preserve that record from the start.

Frequently Asked Questions About Estate Litigation

What Is Estate Litigation?

Estate litigation encompasses legal disputes that arise during the administration of a deceased person’s estate. These disputes can include will contests, trust challenges, executor misconduct, disagreements among beneficiaries, and claims by creditors. It is a complex field that requires a command of both probate procedure and the factual record of how estate documents were created and administered.

How Can an Estate Litigation Attorney Help Me?

An estate litigation attorney interprets the Texas Estates Code as it applies to your specific situation, builds the evidentiary record your claim requires, protects your legal standing before deadlines pass, and advocates before the El Paso County Probate Courts when necessary. At Spencer Trial Attorneys, P.C., we provide support from the initial consultation through resolution.

Why Might a Will Be Contested?

Common grounds under Texas law include lack of testamentary capacity, undue influence, improper execution, and forgery or fraud. Feeling that a will is unfair is not a valid legal ground on its own. Contesting a will requires specific evidence tied to one of these recognized legal theories, which is why early legal counsel matters.

What Is the Deadline to Contest a Will in Texas?

Under Texas Estates Code Section 256.204, a will contest must generally be filed within two years of the date the will is admitted to probate. Missing this window can forfeit the right to challenge. For contests based on forgery or fraud, the statute provides a separate two-year window running from the date the forgery or fraud was discovered. If you believe a will is invalid, contact an estate litigation lawyer as soon as possible.

What Happens If an Executor Fails to Perform Their Duties?

Beneficiaries may petition the El Paso County Probate Court for the executor’s removal and may file claims for damages caused by mismanagement. The court may appoint a successor executor to take over estate administration. These proceedings can be complex, and experienced legal counsel helps protect your interests throughout the process.

How Can I Protect My Rights During Estate Litigation?

Seek legal counsel promptly to preserve your standing before deadlines expire. Document all communications and transactions related to the estate from the beginning. Work with an estate litigation attorney to build a substantiated claim and understand your options under Texas law before those options narrow.

Schedule a Free Consultation with Our Estate Litigation Attorneys

If you’re dealing with a will contest, executor misconduct, a beneficiary dispute, or any other contested estate matter in El Paso, Spencer Trial Attorneys, P.C. is ready to help. We offer free consultations, virtual and in-person appointments, and 24/7 availability because estate disputes don’t follow a business schedule.

Call us at (915) 233-6955 or contact us online to schedule your free consultation with an estate litigation attorney in El Paso.