Probate, Trust And Estate Litigation

Inside the courtroom and out, Hancock Firm provides individuals and attorneys with the financial analysis and opinions needed to solve probate, trust and estate issues. Our experience with trust and estate issues coupled with our deep understanding of valuation and forensic accounting provides valuable insights and conclusions for you and your team.

How We Work with Trusts and Estates

Our process tracks with your legal team as you move through the litigation process. In the early stages, we can participate in the pretrial stages of pleadings and discovery, beginning our investigations and financial analyses to support your case. We also acclimate ourselves to your business and/or estate situation at this time, reviewing communications and documents, analyzing business operations, and more.

Depending on your situation, we may perform asset tracing, business valuation, forensic accounting, fraud investigation, or other service. We then develop reports that we support with written and/or oral testimony as expert witnesses in mediation, deposition, and/or trial.

Aiding Your Cause, Any Way You Need

The following are common issues with which we assist trust and estate clients:

Wills

There are multiple aspects of will challenges–will validity, non-probate designations or transfers, beneficiary designations–in which the financials can provide context and evidence of undue influence, lack of capacity, and/or fraud. We can analyze a decedent’s purchases, gifts, joint bank accounts, and more to help establish their intentions for their estate.

Executors

Executors who fail in their fiduciary duty to the beneficiaries can face legal liability. If you are pressing a claim against an executor for fraud, misappropriation of funds, or other financial malfeasance, or are defending yourself against such claims, we can help establish the truth in the matter.

Other Agents

In addition to litigation involving executors, we can assist in investigating and challenging or defending other financial agents or representatives, as well. For example:

  • misuse by a power of attorney holder
  • impropriety by a guardian of an estate or person
  • embezzlement of trust funds by a trustee
  • breach of duty by a fiduciary
  • inheritance theft by a caregiver or previously employed financial professional
Tax Considerations

The tax implications of trusts and probate estates can be wide-ranging and complex. We can help your team analyze the potential tax implications of the changes resulting from your estate, trust and probate litigation.

Estate Planning and Buy-Sell Agreements

Buy-sell agreements are crucial for protecting small businesses after an owner dies. We can conduct a business valuation to help set the purchase price in a buy-sell agreement, or to fix the basis of estate shares passing to heirs.

Other Issues

Was an estate valuation done that you want to contest? Are you concerned about trustee or executor compensation? For this and more, Hancock Firm can help.

Probate, Trust And Estate Litigation Process

Our process is aligned with your legal team as you move through the litigation process. If engaged in the early stages, we participate in the pretrial stages of pleadings and discovery, beginning our investigations and financial analyses to support your case. As your case progresses, we refine our investigations and analyses to provide the findings and conclusions required to effectively communicate your affirmative damages or defend against frivolous claims.

Depending on your situation, we may perform asset tracing, business valuation, forensic accounting, fraud investigation, or other services. We then create reports and demonstratives that clearly explain our findings and conclusions. We further support and defend our conclusions with written and/or oral testimony as expert witnesses in mediation, deposition, and/or trial.

What Our Clients Say

What Our Clients Say

“Shanks & Hauser, L.L.P. and our clients have benefited from the diversity of Hancock Firm, including the up and coming young professionals like Kelly Sullivan and Shea Hancock who have taken the required education and certifications to properly address estate and gift valuations. The varying certifications held by their team members add to the quality of their work product.”

Rick ShanksShanks & Hauser, L.L.P.

“We found the Hancock Firm on an internet search for business valuation firms. We were in need of an impartial assessment of value for business planning. After three involved telephone conversations with Shea Hancock regarding scope of services and fees, we engaged Hancock Firm. Ultimately, we not only discovered our business value but also valuation issues that have helped steer American Disposal to ‘greener pastures.’”

Doug IveyAmerican Disposal Services, Ltd.

Litigation Case Studies

Litigation Case Studies

See how some of our past litigation clients benefited by working with us.

Changes to Estate Plan during Cognitive Decline thumbnail

Changes to Estate Plan during Cognitive Decline

Hancock Firm provided expert financial analyses for the daughter of a prominent Texas businessman after she discovered her father’s second wife had...

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Recent Litigation Projects

Recent Litigation Projects

  • Shea Hancock and Eric Haverkamp provided forensic accounting services to identify and quantify the amount of cash fraudulently taken by a caretaker for the estate’s lawsuit against the executor. Additionally, Hancock Firm performed a valuation for the contingent asset of the estate’s lawsuit at the date of death for the estate’s federal income tax return.
  • Shea Hancock and Hancock Firm provided valuation services for a dispute between the beneficiaries and executor of the estate of a prominent Austin businessperson regarding the value of various limited partnership interests in closely held investment funds.
  • Rob Hanock and Eric Haverkamp provided forensic accounting and valuation services to quantify the amount of damages incurred by the estate and children of a prominent West Coast businessperson resulting from changes, driven by a late life spouse, to a long-standing estate plan during the decedent’s cognitive decline leading up to his death.
Contact The Litigation Team

Contact Us

It all starts with a conversation. Contact us by filling out this form or calling our main line to set up a consultation.