AREAS OF PRACTICE: Inheritance and Estate Disputes - We take cases in Houston & across texas

  •  will contests over Fraud, Forgery, or Alteration

  • Will Contests based on Undue Influence Or Lacking the mental Capacity

  • Will CHALLENGES on Construction, Meaning, and Standing of a Former spouse

  •  inheritance disputes of Spousal rights and Children’s rights.

  • Beneficiary CHANGE disputes ON INSURANACE AND FINANCIAL ACCOUNTS

  •  PROBATE LITIGATION OVER EXECUTOR AND ADMINISTRATOR ACTIONS OVER FIDUCIARY DUTY

  •  TRUST LITIGATION

  •  Estate Litigation

Seeking Results for Your Estate Disputes - The Law Office of Nicholas Abaza
Are you facing complex and intense estate disputes that demand a skilled legal hand? Look no further than The Law Office of Nicholas Abaza, where we focus in providing good and effective legal support for estate fights in Houston, Texas. With our extensive experience, dedication, and commitment to achieving results for our clients, we are here to guide you through every step of the legal process.
Why Choose The Law Office of Nicholas Abaza?

1. EXPERIENCE: My team, led by myself Nicholas Abaza, boasts years of experience in ESTATE LAW. We have successfully resolved countless estate disputes, handling a diverse range of cases, from contested wills to disagreements over property distribution. Our deep understanding of estate laws allows us to craft comprehensive solutions tailored to your unique situation.

2. PERSONALIZED APPROACH: We understand that estate disputes can be emotionally draining and highly personal. That's why we prioritize building strong relationships with our clients, offering compassionate support throughout the legal proceedings. We listen to your concerns and objectives, ensuring that we develop a legal strategy that aligns with your wishes and goals.

3. ZEALOUS ADVOCACY: When it comes to estate fights, it is crucial to have assertive and tenacious legal representation. At The Law Office of Nicholas Abaza, we pride ourselves on fighting for our clients' rights. We gather evidence, conduct investigations, and building a strong case on your behalf.

4. TAILORED SOLUTIONS: Recognizing that no two estate disputes are the same, we adopt a highly personalized approach to address your specific needs. Whether you require litigation, negotiation, or mediation, we work closely with you to determine the best course of action. Our goal is always to minimize stress and maximize the chances of a favorable outcome for you.

5. COMMUNICATION: We believe that effective communication forms the cornerstone of a successful attorney-client relationship. Our team keeps you informed of developments in your case, explaining complex legal concepts in plain language and promptly addressing any questions or concerns you may have. With us by your side, you'll always have a clear understanding of the progress and next steps in your estate fight.

Take the First Step Towards Justice - Contact The Law Office of Nicholas Abaza Today
If you find yourself embroiled in an estate dispute and in need of a trusted legal partner, do not hesitate to reach out to The Law Office of Nicholas Abaza. We offer a confidential consultation to assess your case, understand your objectives, and chart a path forward. Remember, time is of the essence when it comes to estate fights, so call us today at 713-965-3400 to unlock the justice you deserve.
Together, we will fiercely advocate for your rights and strive to resolve your estate dispute with the utmost professionalism, integrity, and dedication.

We take cases on hourly basis and sometimes on complex estate disputes we offer contingency whereby our interests are often more aligned whereby we don’t get paid unless the clients are. In contrast, on hourly attorneys are paid regardless of the outcome. We are therefore naturally more motivated to get a good resolution for you and preserve estate assets that are due to our clients on a contingency.

Principles of persuasion

In Undue Influence Estate Fights



Principles of Persuasion.
In Undue Influence:

The Gap Between Current Law and Scientific Approaches to Decision-Making and Persuasion. There are six basic principles used in persuasion (which can potentially lead to exploitation and related to undue influence cases):

  1. Reciprocation: Inclination to repay, in kind, what another person has provided to them;

  2. Consistency: Near obsessive desire to be (and to appear) consistent with a choice or action previously taken and to respond in ways that justify an earlier decision;

  3. Social Proof: Appearance of behavior as more correct in a given situation to the degree they see others performing it (i.e., the greater the number of people who find an idea correct, the more correct the idea will be; similar to peer pressure);

  4. Liking: Preference to saying yes to the requests of someone who they know, like, and perceive as similar to themselves;

  5. Authority: Natural tendency to believe and follow those with the outer appearance of authority, even to the extent of abandoning critical reasoning and placing total trust in the authority-influencer to make correct decisions; and

  6. Scarcity: Something, on its own merits, might hold little appeal but becomes decidedly more attractive because it would soon become unavailable (i.e., opportunities seem more valuable when their availability is limited).



See Undue Influence: The Gap Between Current Law and Scientific Approaches to Decision-Making and Persuasion, Though not an exhaustive list, these six principles used in persuasion account for many of the tactics used by wrongdoers in manipulating or exploiting vulnerable individuals.

A party should be on watch for the following situations:

  • Misrepresentations, deceit, and relationship poisoning;

  • Sweeping, dramatic changes to an estate plan, bank account, etc.;

  • Multiple changes over a short period of time;

  • Gradual changes, starting with executing a power of attorney in favor of the perpetrator and escalating to amending an entire estate plan;

  • Disinheriting other children or close family members;

  • Using an attorney selected by the perpetrator;

  • Mental capacity issues;

  • Physical impairments and illness issues (blind, deaf, bedbound, etc.);

  • Drug or alcohol abuse;

  • New physicians selected by perpetrator;

  • New banking institutions or financial advisors suggested by perpetrator;

  • Perpetrator moving in with decedent and “caring” for him/her;

  • Perpetrator providing transportation, meals, and medicine to

    decedent;

  • Sudden inter vivos cash advances or transfers of assets to perpetrator; and

  • Perpetrator having history of deceitful conduct, perjury, or fraud.


    ESTATE, WILLS, PROBATE & TRUST LITIGATION in Texas



Estate, Wills, Probate, Trust Litigation

Our firm has dealt with complicated family issues and disputes arising over estates and inheritances in Texas. We have seen how these complex family dynamics create issues for our clients and we have the know-how to successfully get these resolved. The sections below highlight some of the situations that we have handled in our prior cases:

WILL CONTESTS or WILL CHALLENGES are issues surrounding how the Will was created. They include:

  • UNDUE INFLUENCE in the making of the Will: The decedent was isolated or otherwise controlled and forced to create a Will or make changes to an existing Will that are out of alignment with commonly held values.

  • FRAUD: Including forged instrument and altered Wills along with forged signatures. We know subject matter experts to assist with verifying authenticity of documents and signatures.

  • CHALLENGING COPIES OF WILLS: Wills that are not originals as copies are presumed revoked.

  • LACKING CAPACITY: Typically seen in instances where the decedent had dementia, Alzheimer’s disease or other medical conditions which would impair their ability to make a Will or make changes to an existing Will.

  • DIMINISHED CAPACITY: Instances where the decedent had impaired cognitive ability and was prone to “undue influence” in the making of the Will.

  • REMOVAL OF THE EXECUTOR: The Executor is not adhering to their fiduciary responsibility for management of estate assets; including issues of Breach of Fiduciary Duty / taking from the Estate.

  • WILL CONSTRUCTION: Interpreting the Will and/or reconciling contradictory provisions in the manner that the decedent intended.


INHERITANCE DISPUTES involve the assets such as Life Insurance, Retirement Accounts, purported Lifetime Gifts, etc.

  • Estate Disputes over Life Insurance Beneficiaries - effect of termination of marriage

  • Estate Disputes of IRA & 401k interests

  • Estate Disputes over ex-spouses trying to take benefits of estate assets. Can they still take these assets when there was no beneficiary revision after the divorce? No!!

  • Estate Disputes over purported common law spouses - What is a common law spouse?

  • Disputes over Retirement Benefits - Issues may include whether the document executed properly, did the spouse consent to disposition and/or community property interest therein?

  • Rights of illegitimate children - In the State of Texas, illegitimate children are treated the same as any child.

  • Rights of Spouses / Common Law Spouses - They have life estate in homestead and retain their 1/2 interest of the martial community property.

  • Rights of Children - Unless a Will says otherwise, they are entitled to their parent’s share in a second marriage.

  • Rights of Children from a prior marriage

  • Rights of grandchildren to inherit their parent’s share of an estate if per “stripers” or “issue”.


TRUST DISPUTES include the following:

  • ACCOUNTING OF TRUSTS - Beneficiaries are entitled to a regular accounting of Trust assets.

  • REMOVAL OF TRUSTEES for Breach of Fiduciary Duty

  • TERMINATION & REVOCATION OF TRUSTS

  • CONTESTING the Validity of Trusts as to their execution, purpose, or meaning.


Our team is open to meeting with you to talk about the circumstances of your family situation and your concerns. We have experience handling many complicated scenarios and have the business acumen to proactively research your matter. We offer no-cost consultations and will discuss the merits of your case and our professional recommendations for success. Our team will send a formal written agreement for both of our signatures to finalize our attorney/client relationship and we will get to work on your legal matters.


Abaza Law Office Call us Today and Hire us 713-965-3400 > Free Consultation


Houston in the Rice Village near Museum District and Medical Center

2444 Times Blvd. Suite 270

 


What We've Achieved

  • Superb Avvo Rating

  • Big Recoveries

  • Great Reviews

  • Helped Countless People Pro Bono

  • Many Millions recovered for clients

  • Over 500 clients well served

  • Vast Knowledge Base and Experience

  • Authored numerous Blog Articles

Stand for your Legacy

Fight for your Inheritance Rights