Business Details
41 Years
experience
Dallas Probate Litigation Attorneys
For over three decades, The Hartnett Law Firm has provided specialized legal representation in probate litigation across Texas. Comprising three generations of family attorneys, we focus on complex estate disputes, trust litigation, will contests, and guardianship matters. Our practice combines deep industry knowledge with personalized service, ensuring tailored strategies for each client. With an AV rating from Martindale-Hubbell and recognition in Super Lawyers, we are committed to excellence in probate law.Our team actively contributes to legal education and community service, including pro bono work through the Dallas Volunteer Attorney Program. Headquartered in Dallas, we serve clients statewide, offering both courtroom advocacy and mediation services.
Services
Estate Litigation
Trust Litigation
Will Contests
Guardianships
Mediation
Details
- Year established: 1985
Highlights and features
- Three generations of family attorneys specializing in probate litigation since 1985
- AV-rated by Martindale-Hubbell for legal excellence and ethics
- Recognized in Super Lawyers and Texas Lawyer's Go-To Attorneys
- Specialize in complex Texas probate cases including will contests and guardianships
- Active participants in Dallas Probate Bar Association leadership roles
Associations and certifications
- Martindale-Hubbell AV Rating
- Bar Register of Preeminent Lawyers
Services
Estate Litigation
Our firm handles contested estates, will interpretations, and fiduciary accountability. We represent clients in probate court for matters including executor removal, heirship determinations, and breach of fiduciary duty claims. Our experience spans Texas's unique probate requirements, ensuring compliance with state-specific procedures while protecting client interests through litigation and settlement negotiations.
Trust Litigation
We resolve conflicts related to trust administration, validity, and trustee conduct. Our practice includes contesting trust creation due to capacity issues, breach of fiduciary duty claims, and trust termination proceedings. With expertise in both pre- and post-settlor death matters, we provide strategic representation for trustees and beneficiaries in Texas courts, addressing distribution disputes and fiduciary accountability.
Will Contests
We represent clients challenging or defending contested wills based on improper execution, testamentary capacity, or undue influence. Our attorneys handle complex cases involving contested beneficiaries, will construction disputes, and multi-generation estate conflicts. With deep knowledge of Texas probate law, we guide executors and heirs through contested probate proceedings and settlement negotiations.
Guardianships
Our firm assists with guardianship creation, contestation, and administration for minors and incapacitated adults. We handle both guardianship of the person and estate, including temporary guardianship petitions for urgent situations. Our attorneys guide families through Texas's guardianship requirements, addressing contested appointments, bond requirements, and annual reporting obligations.
Mediation Services
We facilitate dispute resolution through court-mandated mediation for probate and trust matters. Our attorneys leverage mediation's benefitsreduced costs, confidentiality, and faster resolutionsto achieve favorable settlements. With experience in 90% of cases resolving before trial, we prepare clients for effective mediation while maintaining trial-readiness should negotiations fail.
People
Will F. Hartnett
Partner
Board certified in estate planning by Texas Board of Legal Specialization. Handles complex trust litigation cases with over 35 years of experience in probate law.
James J. Hartnett Jr.
Partner
Recognized as Texas's Go-To Attorney for trusts and estates by Texas Lawyer. Practicing probate litigation for over 30 years with Martindale-Hubbell AV rating.
Tanner Hartnett
Partner
Thomson Reuters Rising Star (2019, 2020) and recipient of Nikki DeShazo Pro Bono Award for Dallas guardianship advocacy.
Jay D. Hartnett
Partner
Served as Probate Trusts & Estates Section Chairman at Dallas Bar Association. Over 25 years of experience in Texas probate litigation matters.
Fred C. Hartnett
Partner
Dallas Probate Section chairman alumnus and DVAP mentor. Handles complex trust disputes with focus on fiduciary duty claims for 30+ years.
Questions
What probate services do you offer?
We handle Texas probate litigation including will contests, trust disputes, heirship determinations, and fiduciary accountability claims. Our practice extends to guardianship creation and contestation.
Do you handle cases outside Dallas?
Yes, our practice spans all Texas courts. While based in Dallas, we handle probate litigation statewide including Tarrant, Denton, and Collin counties.
How are legal fees structured?
Most cases use hourly billing, though contingent fees apply in specific estate litigation scenarios depending on case complexity and potential recoveries.
Can you help with trust disputes?
Yes, we represent clients in trust contestation, trustee removal, breach of fiduciary duty claims, and trust termination proceedings across Texas courts.
What happens if someone dies without a will?
Texas intestate succession laws determine property distribution through heirship proceedings, which may cost more than probate. Our firm handles contested and uncontested heirship cases.
How do I contest a will in Texas?
Grounds include improper execution, lack of capacity, or undue influence. Will contests must typically be filed within two years of probate. Our attorneys represent both contestants and estate representatives.
