Wealth Planning & Probate
Sprouse Shrader Smith’s Wealth Planning and Probate attorneys have more than 100 years of combined experience and boasts two Fellows of the American College of Trust and Estate Counsel and three attorneys who are Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. With individual experience levels ranging from 1 to 41 years, we provide both innovation and proven experience.
Regardless of the size of your estate or the nature of what you own, we can assist you in developing an estate plan that best meets your needs and wishes. We accomplish this by meeting with you to understand your family and financial situation and intentions, keeping current on changing federal and state laws, and drafting the instruments necessary to implement the plan. We work cooperatively with your accountant, your financial planner and all of your other trusted professional advisors.
We also represent executors, trustees, beneficiaries and heirs in connection with the administration of estates and trusts, including litigation of contested matters. No matter the size or complexity of the estate, we can handle all legal matters related to its administration.
Some representative areas of our practice include:
Lifetime Estate Planning
- Simple and tax-planned wills
- Revocable and irrevocable trusts
- Gifting programs
- Financial and medical powers of attorney
- Directives to physicians
- Advice regarding the estate, generation-skipping, inheritance, and gift tax implications of any estate plan
- Federal/Gift tax returns
- All other documents related to estate planning
Business Planning
- Family limited partnerships, limited liability companies and other business entities
- Succession planning for owners of closely-held businesses
Other Complex Planning Devices
- Conservation easements
- Grantor and non-grantor trusts
- Education trusts
- Residential trusts
- Dynasty trusts
- Private annuities
- Life insurance trusts
Domestic Agreements
- Pre- and post-marital agreements
- Cohabitation agreements
Charitable Planning
- Gifts to charities
- Family foundations
- Charitable remainder and charitable lead trusts
Charitable Organizations
- Forming nonprofit organizations
- Establishing and maintaining the federal and state tax-exempt status of nonprofit organizations
Estate Administration
- Probate of will and appointment of executor or administrator (independent or dependent administration)
- Ancillary probate of foreign wills
- Heirship proceedings
- Creditor claims
- Inventories and accountings
- Federal Estate and generation-skipping transfer tax returns
- Estate distribution and settlement
- Mediation
- Family settlement agreements
- Will contests
- Representation of executors and administrators before the IRS
Trust Administration
- Representing trustees and beneficiaries in connection with funding, administering, modifying and terminating trusts
- Representing trustees and beneficiaries in litigation of contested trust matters
Guardianship
- Administering existing guardianship estates of any size
- Representing guardians in connection with the preparation and filing of required annual accountings
Fiduciary Representation
- Representing executors and administrators in estate proceedings and matters before the IRS
- Representing trustees in connection with funding, administering, modifying and terminating trusts
- Representing trustees in litigation of contested trust matters
- Representing guardians in existing guardianship proceedings
Consultation with Attorneys, Accountants and Other Professionals
- Consulting with professionals regarding specific issues relating to any of the above items
Protecting Legacies. Enforcing Duties. Resolving Family Disputes with Clarity and Strength.
Disputes involving estates, trusts, and fiduciary relationships require more than technical knowledge of probate and trust law. In an area where disputes collide with family relationships, taxes, and a litany of other issues, judgment, discretion, and courtroom skill are all required. Sprouse Shrader Smith’s fiduciary litigation team represents individuals, families, beneficiaries, trustees, and executors in complex and often emotionally charged matters. We focus on resolving conflict while preserving assets, relationships, and the intent of those who came before.
Trust and estate cases are governed by the Texas Trust Code and the Texas Estates Code. Litigation involving trusts and estates has unique rules, procedures, and issues that do not exist in “normal” litigation. In any case involving trusts and estates, it is imperative to hire a lawyer that has substantial experience litigating trust and estate issues.
Comprehensive Representation in Fiduciary Disputes
Our lawyers are experienced in every stage of probate and fiduciary litigation, including:
- Will Contests – Challenging or defending wills on grounds of undue influence, lack of capacity, or improper execution
- Trust Litigation –Enforcing trusts; prosecuting or defending claims against trustees or beneficiaries; reforming or modifying trusts to address tax, administrative, or other issues à this is tricky to word because of the prosecuting and defending language. May need work.
- Estate Administration Disputes – Resolving conflicts among heirs, devisees, and executors regarding administration or settling of estates; demanding (sometimes compelling) or preparing estate accountings; defending trustees and executors against claims by beneficiaries or third parties
- Breach of Fiduciary Duty Claims – Pursuing or defending against claims involving mismanagement, self-dealing, or conflicts of interest by trustees, executors, or corporate fiduciaries
Defending Legacies. Honoring Intent.
For generations, families have worked hard to build and protect what they leave behind. At Sprouse Shrader Smith, we understand that wealth, property, and family enterprises aren’t just financial assets, they’re legacies built on years of sacrifice and vision. When someone interferes with the intent of those who created that legacy, we step in to set things right.
Our role is to defend the integrity of those intentions and ensure that fiduciaries uphold the duties entrusted to them. We take a disciplined, trial-ready approach to restoring order when others misuse trust, power, or influence because protecting a family’s legacy is more than a legal matter; it’s a moral obligation.
Courtroom Strength and Probate Insight
With deep experience in Texas probate courts and district courts across the state, our attorneys handle matters from simple will contests to multimillion-dollar trust disputes. We know the procedural traps, statutory requirements, and local practices that govern these cases, and we pair that knowledge with the trial skills needed to succeed when settlement isn’t an option.
Representative Matters
- Representing heirs in contested wills involving claims of undue influence and lack of testamentary capacity
- Defending trustees and executors accused of mismanagement or breach of fiduciary duty
- Prosecuting claims for removal of fiduciaries and recovery of misappropriated assets
- Litigating disputes over complex estate plans, family partnerships, and business succession structures
- Handling appeals arising from probate and trust decisions
- Reforming/modifying trusts to save substantial taxes
Resolving Today’s Conflict to Protect Tomorrow’s Legacy
Sprouse Shrader Smith combines meticulous legal analysis with practical problem-solving to guide clients through the most challenging fiduciary disputes. Whether through negotiation, mediation, or trial, our mission is to protect what matters: the client’s rights, the integrity of the estate, and the legacy left behind.
